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Legal matters

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Original poster

It is NOT illegal to...

46 replies

BrianButterfield · 14/08/2013 07:49

So often on threads I see rubbish spouted about what is or isn't illegal. I'm not a lawyer but I do check what the actual law is before I tell people something! So can we have a definitive, accurate list of things that people say are illegal that aren't (or vice versa)?

Legal bods' help appreciated!

I'll start with:

It is NOT illegal to open someone else's mail as long as you are not doing it with malicious intent. So you can open a letter sent to the wrong address to find out who to send it back to.

OP posts:

EasyMark · 16/08/2013 20:53

It is not illegal to burn things on your own land such as in your garden having a bonfire.

It is not illegal to set fire to other peoples fences as long as you replace it like for like!

RhondaJean · 16/08/2013 20:57

No its not illegal to ask some questions at interview but it can leave you open to legal action if you do ask a question which is then answered and the answer could be regarded as having an impact on who you choose to employ, if the question is about anything to do ŵith a protecte characteristic.

Therefore the shorthand is that you shouldn't be asking if someone has kids/ is married etc at interview as there is no reason why that would impact on the interview.

Hope I've put that clearly....

AmandaPandtheTantrumofDoom · 16/08/2013 21:04

Rhonda - Agreed, but the point Flowery was making is that people often think that some form of law has been broken simply by asking the question. If the employer genuinely needs unpredictable long hours and ask every single applicant about caring responsibilities that may impact on ability to drop everything and work all night, it's clumsy, but it's not unlawful.

tethersend · 16/08/2013 21:07

It is not illegal for a teacher to restrain a child in school.

RhondaJean · 16/08/2013 21:16

Actually Amanda it is illegal if it phrased in the way you suggest, as it would be discriminatory and is prohibited.

What would be legal would be to ask, are you okay with working the shifts which the job needs, or, would there be any issues with you working nights/evenings/weekends whatever.

NarkyNamechanger · 16/08/2013 21:19

It is not illegal to smack your child.

Twiddlebum · 16/08/2013 21:20

My DH said that if he caught someone (pregnant or not) pissing in his police helmet they would most definitely be arrested!!
They have air holes in them anyway so would be pretty useless!!

Reality · 16/08/2013 21:21

It's not illegal for your son and daughter to share a bedroom over a certain age.

SO many people spout that one.

AmandaPandtheTantrumofDoom · 16/08/2013 21:25

Nope, it wouldn't be illegal in and of itself. Stupid, and put you in a poor position in a claim, but not illegal.

There is no right not to be discriminated against for having children. However, there might be an issue as regards sex discrimination because tribunals take judicial notice of the assumption that women will have a greater burden of childcare. The question itself would not be illegal or an offence - it would be the underlying discrimination it potentially demonstrated. You'd be dealing with an indirect discrimination case and the question could potentially be justified as regards the legitimate needs of the business.

So whilst it would be a dumb question, and your wording more inclusive, arse covering and elegant, the pure fact of asking the question would not in and of itself be illegal.

Shakey1500 · 16/08/2013 21:33

No legalities/illegalities here but just wanted to say, great idea for a thread. Vair useful.

RhondaJean · 16/08/2013 21:37

I'd guess the difference comes in the interpretation of illegal.

Illegal does not necessarily mean a criminal offence, it can also mean something which isn't supported or sanctioned. Every piece of HR writing I have read states asking if someone has children is - illegal/ not allowed/ shouldn't be done. Other examples of questions which are often grouped in with it are whether you are married, what your sexuality is and when you intend to retire.

I think illegal is used as a shorthand for things that you shouldn't be asked/shouldn't be done?

AmandaPandtheTantrumofDoom · 16/08/2013 21:43

Oh, I totally agree Rhonda. But illegal does actually have a technical meaning, and no question is illegal. Really, as you say, you should probably reserve illegal for criminal offences. A better term for for civil issues would be unlawful. But that's a bit of a pedants distinction. I do admit to a weeeee bit of pedantry

Not allowing/shouldn't be done/likely to be a nightmare at any tribunal/completely fucking numpty are all true. But technically, not in and of itself illegal

RhondaJean · 16/08/2013 21:55

at complete fucking numpty...

AmandaPandtheTantrumofDoom · 16/08/2013 21:58

One of my favourite phrases, I don't get to use it often enough

RhondaJean · 16/08/2013 21:59

I've got a feeling I could use it too often. Are you Scottish,being nosey, just the numpty thing.

AmandaPandtheTantrumofDoom · 16/08/2013 22:03

Nope, but picked it up from family who live up there and it's too fabulous not to adopt!

youarewinning · 16/08/2013 22:11

tethers beat me too it!

flowery · 17/08/2013 08:16

Shouldn't be done isn't the same as unlawful, which would be a better word than illegal anyway. I can't imagine any credible HR writing saying that asking if someone has children is "illegal" because that would be completely inaccurate.

My point (which I thought was clear) is that contrary to popular belief, there is no list of questions which are specifically prohibited. Asking about childcare in circumstances where all candidates are women with children, for example, wouldn't be sensible but it wouldn't be unlawful discrimination either. Which is why there is no list of questions specifically prohibited.

BikeRunSki · 17/08/2013 08:27

It is not against the law to have a bonfire on your own land EasyMark, but it does depend what you are burning. There are various chemical pollutants that are illegal to burn without controls against air pollution. I work for the Environment Agency and our enforcement officers have a field day in early November.

colleysmill · 17/08/2013 08:41

Ooooo I have one!

It is not illegal for a child to travel in a car without a child seat. There is a big but in that this only applies to children over 3 and cars that don't have/have never been fitted with seatbelts ie classic cars. They can only ride in the back until the child is 12 years old.

It is not illegal for a car not to have an MOT but the vehicle must be registered pre 1960.

EasyMark · 17/08/2013 17:33

It is not agenst the law to have three oil barrels full of wood and set them on fire on your own garden!

It is not illegal to set fireworks off in your garden in a builtup area!

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