A mother of two was awarded £91,597.82 by a London South employment tribunal for direct sex discrimination after her job offer was withdrawn when she disclosed the ages of her children. This case serves as a critical reminder for small businesses about the importance of adhering to discrimination laws during the hiring process.
Background
Fong Fong Lee was offered a senior marketing manager position at London property development firm R & F Properties QS. However, the offer was rescinded days after she had resigned from her previous job to take up the new role. During a meeting before her start date, the firm’s vice president asked her “out of the blue” about the ages of her children. Following her response, the job offer was withdrawn.
Tribunal Findings
Employment Judge Musgrave-Cohen concluded that Lee’s sex was the reason for the withdrawal of the signed contract, causing her “panic, humiliation, stress and upset.” The tribunal rejected the company’s claim that the decision was due to a headcount freeze, instead attributing it to the vice president’s bias against Lee’s parental responsibilities.
Lee was awarded £61,634.72 for financial loss and £29,963.10 for injury to feelings. The court highlighted that such a question would likely not have been asked of a man, underscoring the direct discrimination Lee faced.
Implications for Small Businesses
This case is a stark reminder of the risks associated with asking discriminatory questions during the hiring process. For small businesses, the repercussions of such actions can be significant, both financially and reputationally.
Key Takeaways for Small Business Owners
1. Avoid Discriminatory Questions
Avoid asking questions about personal details like marital status or whether candidates have children. These questions can lead to assumptions that hiring decisions are influenced by these factors, leaving employers vulnerable to discrimination claims.
2. Structured Interview Process
Implement a structured interview process with objective, measurable questions that are consistently applied to all candidates. This helps ensure a fair and unbiased hiring process.
3. Correct Documentation
Keep detailed records of interviews. Proper documentation serves as evidence that the hiring process was fair and unbiased, which is crucial if a discrimination claim arises.
4. Understand Discrimination Laws
Ensure that everyone involved in the hiring process understands that discrimination laws apply to prospective employees. This includes understanding that any questions about protected characteristics such as age or gender can be problematic.
Legal Expert’s Advice
Tina Chander, partner and head of employment law at Wright Hassall, emphasized the importance of adhering to discrimination laws during the hiring process. She pointed out that many employers remain unaware that these laws apply to prospective employees and highlighted the need for structured interview processes and proper documentation.
This case serves as a critical reminder for small businesses to review their hiring practices and ensure they are compliant with discrimination laws. By avoiding discriminatory questions, implementing structured interviews, and keeping proper documentation, small businesses can protect themselves from legal risks and promote a fair hiring process.
For more resources and advice on recruitment and compliance, please contact us for a confidential chat.
Original information by Lauren Brown, People Management website – click here to read the full article.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com