BlkKnight

We've been recently recruiting for a high level sales bod.

One of the interviewees (who was a complete muppet) was told today that he was not being selected for a second interview.

During the course of the interview, we asked him his age.

Since being told his application was not successful he's threatening ACAS etc for the age discrimination relating to a question in the interview.

We asked him the question because we require all employees to be over 25 years old to drive a company van.

The reason we asked him (over other applicants) was because:

- he looked young
- was acting very nervously

Both of the above made us think he was under 25 - where he is actually 27

My guy feeling is that we are in the clear - but if anyone else can shed some light on this. . . .

OllyK

Did you explain at the time why you wanted to know his age?

BlkKnight

no, he did not ask

David Lock

Sorry slight digression. effing joke this age thing. You go to an interview and they have carefully re-printed the application form to take out any age related questions. But you need to fill in date you passed exams and, to top it all, they ask you to bring a passport to prove eligibility to work in UK which has d.o.b. all over it!!

BlkKnight

I know it's a pisstake

NotoriousREV

You could very well be screwed. You can only specify and age if it can be justified i.e. van insurance, but by not explaining that, you may well have left yourself open to action.

And yes, it's crazy. You can't even see if someone is a job-hopper because they take all employment dates out. For all you know, the guys last 5 jobs on his CV could have been over 20 years or 20 weeks.

+Doc+

Hire someone of the same age?

The Acas helpline (08457 47 47 47 - 8.00 am to 6.00 pm, Monday to Friday) can give you help and advice.
Get free advice from your local Citizens Advice Bureau or Law Centre
These might help.

BlkKnight

we already have 3 x 25 year olds. . .

Wish

iTrader: (2)

Just say you explained at the interview why you needed to know.

The guy sounds a right tool !

Drunken Bungle Whore

You need to be consistent in your questions with all candidates. If you asked him and none of the others then you could have a problem on your hands - you'd need to have an airtight reason why you asked him alone that question.

It's similar to the Race Relations issue where you have to ask everyone for their passport/ proof of eligibility to work here, not just the people who look like they need to prove it.

You should also be aware that the candidate can ask to see any notes that were made during the course of the interview. There's no requirement for you to make notes, but if you do make any, they can see them.

Your reasoning sounds plausible enough - your only possible problem could be that you didn't ask anyone else the same question.

For the future, you're best advised to draft out a question sheet prior to the interviews starting - get it approved by someone who knows their stuff - and stick to those questions for all applicants.

Employment law is nuts. HR departments may be a pain in the ***, but they generally keep you on the right side of the law.

amahrap

Tell him to go jump in a lake - guy is missinformed and blowing off steam
The is no age discrimination here, you asked him to confirm his age and as there is a genuine ocupational requirement for a certain age (ie 25) that is a perfectly valid question under the new legislation. As he is 27 their is no argument for age dicrimintation as you have pointed out that you employ others around the same age. You didn't employ him as he wasn't up to the job !!