Asked unlawful Q in interview - what next?

[sybilfaulty]

Hi there

I was interviewed on Wed for an internal promotion, for which I submitted an application, did a presentation and then was asked questions. The first 2 bits went fine, but the first question after the presentation rather threw me.

I had mentioned in my presentation that I was flexible (by taking on projects etc etc) and had mentioned in my application that as I worked PT and flexibly (some of my work is done at weekends) I was very organised etc. I did not mention my children (I have 3, aged 2, 3 and 5, all of which I have had with this employer). However, the first Q was "given that the job may require you to work some evenings / weekends, how will you deal with this, given your other responsibilites?" She may have said other commitments, but the gist was clear. I said that I could always organise childcare but needed notice. The HR person was squirming by this point.

I thought it was unlawful to ask about childcare arrangements in interview. Other candidates have since been asked about flexibility but not in relation to their other responsibilities (as hardly any of them have small children). If I raise this, what is likely to happen in terms of the interview? I feel a bit upset and angry that the first question was about my domestic arrangements rather than my capability and suitability as a lawyer (oh the irony!)

Any comments / suggestions gratefully received.

Many thanks

Not positive, but surely as the actual word 'children' wasn't mentioned, it could be construed as any 'responsibilty'?

I'm not sure I understand - you already work evenings and weekends as you're very flexible - any chance it was just a standard question which required the standard answer "I already do that, these are the projects I've completed at weekends".

I am not an employment lawyer but I don't think it's illegal to ask about how you will manage evening and weekend working around "other responsibilities".

I think this is a question they could have asked anyone (male or female children or no children) - it's fair enough to ask if you're capable of doing evening and weekend work.

Yes of course they probably did mean your children, and probably wouldn't have asked a man (which is annoying) but still think it was a legit question that could be asked to anyone, so will fall the right side of the line.

I don'[t work evenings, but I do work some weekends, which are timetabled in advance. I had mentioned what I do at the weekend (which is teaching a partic course) but only as an eg of being a leader, not in terms of flexibility.

I'm not actually sure why you are pissed off to be honest.

Perhaphs for a moment, just think about this from the businesses point of view - if you were employing someone for this job, wouldn't you want to know if they were going to be able to be as flexible as you need them to be, including working evenings if necessary.

HR was probably squirming because they chose to use the words other commitments/responsibilities thus alluding to the fact that you have kids - where as if they had just asked you if you were able to work evenings/overnights (whatever) at very short notice - they wouldn't have been treading on dangerous ground.

Though why it's 'against the rules' to check if you have adequate and suitable childcare which enables you to do you job properly I don't know - seems like a fair enough bloody question to me.

I am pissed off because the interview is about my capability and suitability to do a job, not about my ability to organise my childcare. That is between me and my childcare provider, not my employer. I expect to be judged on my ability as are all other candidates and not discriminated against because I have kids.

I have thought about it from the business's point of view and had I thought I would not be able to do the job given the fact that I have kids, I would not have applied.

Think you're being a bit over-sensitive.

I know we all think about what we wish we had said in the moment, but would have been great if you could have given the interviewer a blank stare and then slowly replied: 'can you please elaborate - what other responsibilities are you referring to?"

For all they know you could run the local bridge club/netball team/brownie pack and have commtitments 3 nights a week/weekends.

It seems that you werent discriminated against as all candidates were asked about flexibility. Surely as a lawyer if a client came to you with the same story you would throw it out of court due to lack of concrete evidence.

Good grief, don't be so sensitive! If you weren't capable you wouldn't be being interviewed. They just want to hear you tell them you'll be able to handle it all. Sounds more like a duty of care to me. Don't turn into one of the litigious types that give us all a bad name!

i would also be interested to know as i got asked 'what would your family think about taking 10 days trip abroad'

i wondered what could be done if anything ( didn't get the job btw)

custardo I have to say I think that's closer to the line. I guess you could ask them if they asked all their male candidates the same question... I'd be strongly tempted.

but he didn't ask about your childcare arrangements he asked about other commitments, and surely most other people have other commitments beyond their job.

Besides which I think it's a fair enough question. No doubt there are women out there who, if the question were not asked, would then be up in arms if their employer suddenly expected overnight/weekend work which they could not accommodate due to childcare.

But I was being asked about my flexibility in terms of my "other responsibilities". I had not mentioned other responsbilities in my application or presentation. This was the first questions I was asked. The other candidates (wll, the ones I've spoken to) were asked about flexibility generally at the end of the interview, not in relation to their presentations.

If my husband had been interviewed for the same job, would they have asked him? I think it's indirect sex discrim.

I am not talking about litigating. I am simply wondering what would happen next. Would they ignore that part of the interview?

You need to take that chip off of your shoulder.

As you said, the interview is to determine your capability and suitability to do the job. It is their duty to check you are able to work the hours necessary - these are different to the hours you have been working - they need to check you don't have other responsibilities that will prevent you from doing so. It doens't matter if that's children or other social commitments.

They need to know you have thought about it, they need to ask the question. Not every candidate will have - trust me.

Honestly, people getting chippy at being asked questions in interviews need to run a business for a while and see that it's not all about them.

they did prefix it with 'i would ask this of a man or a woman...what would your familt hink about...'

i still dont think its on, whether you are a man or a woman..is it?

and supposing it isn't - so what? what can be done? i can't force them to give me a job - so what can be done?

But why ask it as the first question? And since when have my other commitments been relevant to do the job? If I have a commitment as a brownie leader or whatever and I couldn't accommodate it in with my work, then it would have to go obviously.

If it was a general "other commitment" thing, why ask it first and why not ask it in the general bit of Qs rather than on the presentation part? It seemed to be as though this woman wanted to find out about my childcare commitments more than my suitablity etc for the job.

Anyway, that's a different Q. Does anyone know what would happen if I did speak to someone about it?

Ok what's better, them ask you this (in whatever words) and you reply that you can meet their requirements given notice, or they don't ask you and then think, 'oh we better not pick sybil as she might have childcare problems'.

If I had been the one taking the interviews, then yes, I would have asked your husband too because I would want to know that the 'antisocial' hours had been considered and without directly asking would want to know if his wife/family/squash partner/tennis club were onside with this or if every time he was required to work evenings it would be an issue.

No chip here .

It is UNLAWFUL to ask about childcare, however you couch it. I do appreciate it's about their business need as well as me, but you can't factor someone's childcare situation into the equation when weighing up whether or not to appoint them.

It's the law .

Mooma - that would be unlawful too, of course.

What makes you think it was an unlawful question?

One of the requirements of the job is that you are flexible and able to work some evenings and weekends. You were being asked whether your other commitments/responsibilities will allow you to fulfil that requirement. Those commitments could be family-related or otherwise, it doesn't matter.

It's a relevant question, and there's nothing saying what order questions should go in either. You do sound very defensive.

Custardo that sounds badly worded. Someone's family's opinion of their job responsibilities isn't relevant of course. I imagine what they meant was do you have any family or similar responsibilities which would mean you can't fulfil that requirement. But very poorly and riskily worded really.

It's dodgy ground because on one hand they need to know you can commit. I have no DC (for the next 10 weeks anyway ) but I've been asked at interview about flexible working and other responsibilities - which were many and varied. I think you're assuming that as your employer knows your family situation it's a pointed question.

Custy, didn't you interview with a touchy feely organisation who might think phrasing things as 'how would your family feel' is more in line with their general niceynicey approach than a straight whether you can or not? IYSWIM.

It's not unlawful to ask about childcare! It's unlawful to only ask women about childcare.

Custardo - why do you think it's such a terrible question to be asked? Have you any idea how much of a ballsache it is when you have laid out the hours, explained evenings/weekends/weeks away are part of the job then all you get is 'my wife is doing one cos I'm going away next week - do I have to go' etc

If the person can say, I have discussed it with my partner and we both understand the commitment I would be making and we are both happy with it... then it is so much better. Even if they just say 'I don't know how they feel, this is my job and my business - I will deal with any domestic fall out and it wont affect my job' - you know they have at least considered it fully.

All this PC stuff really does make it harder to recruit the right person for the job.

Moomaa - exactly all this legislation is making it harder to employ the right person for the job as you can't ask the right questions so you have to make assumptions - which will not always go in favour of the potential employee.