Don't fall into these traps when interviewing job candidates

A little thought can ensure the interview is a positive experience for both sides (Picture: Adobe)

As the (allegedly) hot summer months roll into chilly autumn and coffee shops are taking orders for pumpkin spiced lattes, HR teams will likely experience the so-called “September Surge” in recruitment.

As people return to work following their summer downtime, there is often an uptick in job applications and career transitions. While this is an exciting and busy time for business, we lawyers always like to keep an eye on the risks, so here are some top tips for employers to avoid some pitfalls associated with the recruitment process.

Shortlisting

Blair Duncan is a Senior Solicitor in Blackadders’ Employment Team

There is no denying the benefits of AI in all strands of business but it can have some significant drawbacks, especially in recruitment. Earlier this year, the Government published guidance for deploying AI responsibly in recruitment. It identified risks, especially during the shortlisting stage. For example, “CV matching”, which extracts key points from CVs, may perpetuate existing biases within a business. It is suggested that this could be especially problematic in less diverse sectors like engineering or construction. It is therefore crucial that managers understand how AI tools operate and how human decision-making can be inserted into the process to mitigate the risk of biases creeping in.

Discrimination

One of the primary risks in a recruitment process is that unlawful discrimination could feature in the employer’s processes. For example, if a candidate has a disability and the employer does not select them due to concerns that they will have high sickness rates as a result of their disability. To avoid discrimination, the Equality and Human Rights Commission suggests “conducting interviews strictly on the basis of the application form, the job description, the person specification, the agreed weight given to each criterion and the results of any selection tests”.

Good advice but managers should also avoid asking irrelevant questions about a candidate’s personal life and endeavour to ask all candidates the same questions. Although it is good practice for an employer to give unsuccessful candidates feedback on why they were not offered the role, to avoid the manager saying something they shouldn’t, consider the format in which feedback is given and keep this consistent.

Keep a good paper trail!

This can make the difference between success and failure in an employment tribunal claim and should cover the entire recruitment process. These documents will assist in reflecting the objective decision-making process, so that any allegations of discrimination can be countered by the demonstrable reality of why the candidate was not selected.

Probationary periods

If you take nothing else from this article, strongly consider probationary periods! With the proposals by the current Government to remove the qualifying service requirement for unfair dismissal, probationary periods are likely to become of even greater importance and will give an employer time to assess how the candidate is handling their new role and potentially a possible method of dismissal if problems develop or persist. We await confirmation of the new Government’s proposals in this area – watch this space.

The recruitment process is an exciting time for candidates and employers as new recruits joining the team bring with them their own unique experiences and innovative ideas. But don’t let the excitement of change affect the integrity of your processes or cloud the fact that things may not work out.

Proper planning and robust methods mean HR managers can circumvent recruitment hazards and help avoid a winter of discontent that even a pumpkin spiced latte cannot fix.