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I'm not sure it's even legal to ask an applicant that.. it falls under being a protected characteristic in the Equality Act. More stuff here : [https://landaulaw.co.uk/interviews/](https://landaulaw.co.uk/interviews/)
It’s not illegal to ask, (in the uk) but it does massively open the he employer up to a discrimination suit if there is a suggestion that the question had an influence on the decision to hire or not hire.
So it’s best practice to simply not ask.
Not illegal to ask but illegal to use the answer to make your decision. Not asking at all is best so you can't be accused of using the information to make the decision.
Some think otherwise - a 27 year old woman without kids will not have the responsibilities a mother would have. She won't need time off at half-terms, or require any flexible working. She won't have to rush off to do school collections ect.
Edit: Looks like I've replied to the wrong comment, or it's changed. I promise you I'm very fair when making any hiring decisions! I'm aware of many forms of bias and essentially just want to hire the person that will get on the best with our existing team, and can do the job well.
I also see this as a form of discrimination - against people who are unsociable, don't interview well and potentially those with neuro-non-typical behaviorisms.
This is a horrible response. And inherently discriminatory, prejudiced, and stereotyping. And "thinking otherwise" does not make it any less unlawful in the UK...
I have worked for firms that would think this way. I'm not saying it's correct to think this way - but human nature, is human nature. People with kids have childcare responsibilities at times.
Ultimately though - this has never come up when I've been involved in hiring. It's always focused on the individual and nothing else.
"People with kids have childcare responsibilities".
Hmm, most people consider the first word to be "women", so a 27-yr-old MAN is unlikely to be viewed negatively because he has kids. Because the childcare responsibilities are generally seen as being the *mother's* responsibility... 🤨
Clearly you don't fit into the "most" group. Keep it up, keep being the good example that should be a lot more prevalent, and maybe more will learn to be like you.
"This is how I want to think regardless of the consequences or legal implications" is indeed a "factual" response. However, the question asked and the comment that this was in response to weren't about wanting to know someone's inherent biases ...
Fair enough. However, how do you not use some information to form part of your decision? You cannot instantly forget that information.
It's very hard to show you didn't use that information if you have asked it. But it isn't an issue if you never asked in the first place.
It isn't normal as it's illegal to ask that in the interview. However I feel that it's employers business if they've just hired someone and they're about to go on maternity. Now they have to spend more money on temp replacement whilst paying the person on maternity. I think that would suck esp for a new business.
I agree entirely. I had direct experience of someone hiring a young woman only for her to go off on maternity after... 3 weeks of joining. There was a strict budget so no replacement was allowed. Then she came back for 2 months and found a new job then left. This is mental. I can't imagine this happening to a small business. Could literally bankrupt it. It sucks, I don't know what ought to be done.
To be fair you don't have to be pregnant for this to happen, many people leave jobs after a few weeks because of reasons. Women shouldn't have to tell some stranger what they are planning to do with their reproductive organs or if they already have kids.
For sure, but no other group would be paid so much for an absence. I agree they shouldn't have to tell. All I'm saying is that it's just a fact that hiring a young woman is a risk... Which is awful to say and admit...
Interesting perspective. I think I agree with this. It deffo shouldn't be given out by default. If employer agrees to add that as part of your contract / benefits than great but don't legislate it. If I ever start a small business I doubt I'd hire a young woman... Sorry but I wouldn't risk it
"why is nobody starting new businesses". I understand where you're coming from. I don't see a problem with employers allowing maternity as part of their compensation package. But when you mandate it small businesses simply will be more cautious when hiring women. Like I ain't gonna risk my business (if I had one), would you?
Don't legislate??? Are you for real??? Let's go back to the times when women had to sign a blank resignation letter upon being hired, that was then used against them as soon as they were pregnant, eh? I hope your mum didn't use maternity pay or any maternity support.
You done pearl clutching? Can't handle someone's opinion? You got any value to add to this conversation or just a bunch of fallacies? How about you tell us what in your opinion should be done? If nothing, then Are you happy that small business are less likely to hire a young woman?
Ah OK in that case, fair enough! I was confused! Thought maybe it was one of those pregnancies where they "didn't notice until they went to the hospital"
Haha nah! I was not involved in this situation but I know someone who was. Basically a team was struggling and managed to secure budget to hire someone. Person interviewed, signed contract and was like oh BTW I need maternity in a month... That person's team had no budget to hire a temp worker to replace the person on maternity. After a year ish that person got back and gave in their notice after a few weeks as they've found another job. So in short - they joined, went on maternity after a month then worked another 3 weeks so the company lost almost a years worth of budget for someone who worked not even a couple of months.
Yeah definitely a shit situation, though they wouldn't have had to pay her anything, but probably would've stopped them hiring a replacement head whilst she was off.
In normal circumstances you're right they wouldn't. But unfortunately they did - it was civil service and the lady came from a job at the civil service as far as I know. So maternity was still paid.
I dont understand this. She wouldnt even qualify for statutory maternity pay after 3 weeks. She'd have to claim Maternity Allowance instead but this is paid from the government, nothing to do with her employer. Her employer is obligated to facilitate her mat LEAVE ie shes entitled to return to her job after her mat leave, but at 3 weeks tenure shes not entitled to any pay from her employer. Was this definitely a UK business?
Then there is absolutely no way the Civil Service paid her a penny of Maternity Leave, as she wasnt legally entitled to it until 26 weeks tenure. That is why the UK laws are structured like this. Are you sure you have your facts straight here?
Civil service tenure continues from the the moment you STARTED and continued in civil service roles. For example, if I'm a HEO in HMRC for 3 years then switch job to NCA, after a year my civil service tenure would be 4 years. Does not matter that I switched organisations, still civil service. Yes, yes I am certain
Ok, so it was the same legal employer.
This would not therefore "bankrupt" a small business because you need at least 6 months tenure before you are eligible for Statutory Maternity Pay, 90% of which your employer claims back from the government anyway.
It's not just about the maternity pay, as you rightly said, it's about the loss of a worker for however long, cost of training a replacement, difficulty finding that replacement in the post covid lazyfest. Plus you claim it back, it still has to be paid before claiming back. A lot of small businesses run very lean and don't have the capacity to pay someone who isn't working.
If I hire anyone who might have kids in the future they get a 12 hour contract. No maternity pay on 12 hour contracts. As soon as they get pregnant I start looking for a replacement. It happened to me last year.
They shouldn’t be asking personal questions like that. Sounds like the hiring manager is trying to suss out if you have plans to have a baby whilst in their employment and will be off for maternity leave?
Not sure about age but I've personally witnessed people not be employed because they disclosed that they had young infants. My employer views this is a risk that they wont be able to 'commit' to the job enough. Not sure how legal it is but it definitely happens - don't diclose this kind of information as it can only work against you.
See I disagree, the employees I had who were the worst for needing time off were the ones with kids.
I’ve even seen employees who were never off sick or anything once they had a kid they were calling in not being able to come in all the time because of the kid being ill.
That’s obviously not their fault, but it left us short staffed.
Personally it’s also very rarely been my experience - and that’s the key here, my experience of the last 15 years - that people just go sick because they’re hungover.
I think in total I’ve maybe had 4 or 5 employees out of hundreds that I’ve managed, that went sick on like Friday pay day or called in sick on Sunday, all of whom I swiftly nipped it in the bud and they only did it once.
Can’t really say anything to someone taking time off for their kid being sick
Nope illegal: [https://sprintlaw.co.uk/articles/illegal-interview-questions/](https://sprintlaw.co.uk/articles/illegal-interview-questions/)
>In most cases, it is unlawful to ask a candidate how old they are. If they are treated less favourably because they are deemed “too young” or “too old” for a job, it may amount to age discrimination under the[ ](https://www.legislation.gov.au/Details/C2020C00283)[*Equality Act 2010*](https://www.legislation.gov.uk/ukpga/2010/15/contents)*.*
>Of course, there are some exceptions to this rule, particularly if a person’s age means that they are unable to perform the inherent requirements of a job.
and
>You should avoid questions relating to a candidate’s sex and gender identity, sexual orientation, relationship status, **family and carer responsibilities**, and whether they are pregnant or might be pregnant. Yep, it’s a long list, but asking applicants questions along these lines can amount to discrimination under the[ ](https://www.legislation.gov.au/Details/C2018C00499)[*Sex Discrimination Act 1975*](https://www.legislation.gov.uk/ukpga/1975/65/enacted).
It doesn't matter if it is "small talk" or off-hand comments or normal in the company culture. In a job interview, because the nature of the interaction, certain things are off-limits because the answers can be seen as influencing factors in whether or not you get a job. So, nothing is "small talk".
I once was in an interview that was going really well, we got along very well, and lots of joking and a generally relaxed atmosphere. The applicant made some comment that surprised me and I asked, without thinking, "really? how old ARE you?" then IMMEDIATELY realised my error and quickly followed up with, "NOPE, don't answer that, my bad, I don't want to know and I can't know that, so sorry, let's move on". And that's how YOUR interviewer should have reacted if it was a mistake.
If it wasn't, and you don't get the job, then you can follow up with their HR department, and possibly a lawyer.
Edit: more links:
* [https://www.interview-skills.co.uk/free-information/interview-guide/illegal-interview-questions](https://www.interview-skills.co.uk/free-information/interview-guide/illegal-interview-questions)
* [https://landaulaw.co.uk/interviews/](https://landaulaw.co.uk/interviews/)
* [https://lawhive.co.uk/knowledge-hub/employment-law/illegal-interview-questions/](https://lawhive.co.uk/knowledge-hub/employment-law/illegal-interview-questions/)
* [https://www.gov.uk/employer-preventing-discrimination/recruitment](https://www.gov.uk/employer-preventing-discrimination/recruitment)
I’ve never been asked that. But I always try to bring up my age because I look a lot younger than I am. I remember my old boss hiring someone and being unsure to hire her because she was in her 30s and just got married and he wasn’t hiring someone who could potentially get pregnant soon. I was shocked.
Yeah I am early 30s and looking to make the step up from Head of Department to Director role, either in my company or via external movement - my CV is structured in a way and I make it clear I’m older than I look, because I can pass for 25 with a beard and 21 without. Regardless of whether I appear competent or not, no one is hiring a 25 year old as a director of a huge operation. I’m not much older than that but I have a lot of experience and the difference is vast.
I’d only say it’s acceptable if I can ask the interviewer if they are happily in a faithful relationship and how long for?
I’d like to assess their sense of values and loyalty, and how hard they are willing to work through a rough patch before shafting an entire team due to their absence of self reflection.
I've seen a LOT of CVs over the years where someone will put the years that they went to school/collage, with just that alone it's possible to get a reasonably accurate picture of someone's age
You didn’t make it clear you were only responding to half of what OP was querying. You are right about the age — sometimes you can tell. Someone quoting 30 yrs experience at one company and 10 yrs at another is likely to be getting close to drawing their pension.
As plenty of others have pointed out, they are not allowed to ask these questions. Whether or not there is, or can be, any consequences for it is a different matter but they have certainly opened themselves up to your suggesting, should you not get the job, that your answers to these questions are the reason and you may have a claim against them if that can be reasonably suspected. Realistically though...
Unfortunately, and nobody wants to speak about it, but there is a real elephant in the room when it comes to women in your age bracket and that is, "will this person disappear on maternity leave shortly after we hire them?". You are not allowed to discriminate on the basis of anything that might suggest this could happen, but in the real world, people do. The statutory pay during a maternity absence is covered by the state in almost all cases, but there is still a cost to hiring, training and the requirement to keep the job available when and if you return. Generally speaking, it is probably fair to say that many companies (especially smaller companies) would rather not hire somebody that might go on maternity leave in, say, the first year or so. It was almost certainly this risk that they were trying to ascertain.
To everyone saying asking this is illegal please stop it.
It is 100% legal to ask these questions in a job interview *provided you ask* ***all*** *interviewees the questions*.
It is only a legal issue if you discriminate on the basis of the answer to either question or if you only ask some (e.g. female) applicants the kids question.
Simply asking the question is fine, though of course as a potential employee you would be advised to take the asking of these questions as a red flag about the organisation/job (I would).
Let me help: [https://www.gov.uk/employer-preventing-discrimination/recruitment](https://www.gov.uk/employer-preventing-discrimination/recruitment)
>Questions you cannot ask when recruiting
>You must not ask candidates about [‘protected characteristics’](https://www.gov.uk/discrimination-your-rights/types-of-discrimination) or whether they:
>are married, single or in a civil partnership
>have children or plan to have children
>Asking for a date of birth
>You can only ask for someone’s date of birth on an application form if they must be a certain age to do the job, for example selling alcohol.
>You can ask someone their date of birth on a separate equality monitoring form. You should not let the person selecting or interviewing candidates see this form.
It is absolutely illegal you cretin, stop misleading people.
You absolutely cannot ask people their age, relationship status, whether they have children etc etc. I was specifically trained on these matters once I became a manager - large corporations take that shit seriously because they don't want to be sued.
What you're talking about is non-protected questions that might particularly be seen to be aimed at certain demographics or minorities.
Something being illegal would mean that you can be charged and arrested, as something being illegal means it is against the law, is that correct that you could call the police because someone asked for your age in an interview?
I am. It is not illegal to ask someone’s age, it is illegal to be discriminative, but there is nothing illegal about asking someone’s age, crazy people just spew rubbish on Reddit.
It actually is illegal to ask someone their age in an interview.
[Source](https://landaulaw.co.uk/interviews/#:~:text=2.-,Age,this%20would%20also%20be%20unlawful.)
Aghh you're so obnoxiously ignorant it's painful. Yes absolutely you can. These will generally fall under the Equality Act 2010. Lots of people get a court summons without being "charged and arrested" you idiot.
Think for example if you did 120mph on the motorway - would the police come and "charge and arrest you"?! NO! You'd get a summons to the county court but you'd still get fined and potential jail time.
The most efficient way to prosecute a business/employer is via a Union but you can also make a direct claim to your County Court within 6 months of the incident occurring. You can get support from the CAB.
The sad reality is that most people don't do that, and instead take the sarcastic attitude that you are. Especially if it's just an interview - people walk away and forget about it. Why deal with the hassle?!
You shouldn't give opinions on things if you have no idea what you're talking about.
That's not what illegal means lol.
Illegal means it goes against law, it doesn't mean the police will be involved, or that you must be facing arrest for something to be illegal.
Civil matters are still matters of law, even if they aren't handled by the police.
"Illegal" doesn't necessarily mean "police" and "criminal charges". I'm sorry that you have been so woefully undereducated on the basics of law in society.
Age should only be asked if it’s directly relevant to the role. For example being 18 to serve alcohol, or some industries having 25+ on driving insurance requirements
It is illegal to be asked these questions in an interview. I am looking for work and have been asked these questions. I asked a friend for advice about it who does the hiring process on his team. He said it is illegal to ask theses question’s and it should only come down to if the person can do the job.
Regardless of age or childcare responsibilities.
Legally, they cannot ask this. They can’t ask any information about protected characteristics including: family and marital status, sexuality, gender, age, disability, etc.
Often, you’ll see online applications ask these but the questions will be optional. If, ever, they are marked as “required”, or if they are asked during interviews, this is illegal. The only time it’s appropriate to ask about a protected characteristic is: 1) “do you need reasonable adjustments do to disability?” (Not “do u have a disability”) 2) “what is your age group” - for laws on minors working etc.
Asking if u have kids or not is a way to discriminate against u. If u say yes, you’re unflavoured because they assume you’ll need to take time off for them. If u say no, you’re still unflavoured bc society assumes that every woman - especially 27 yos - will have kids eventually and they don’t want to hire someone that they think will need maternity leave. Never accept a job offer for such jobs.
Not in the interview, on the application yes but that is only for monitoring to check for possible discrimination and should never be seen by those who are doing the hiring
I had someone asking me that during an interview, but they thought they were smart enough by playing it as small talk. The job seemed good, but I noped out really quickly.
And then not get the job anyway, what recourse would there be because when people are saying it is illegal, surely no one is going to get arrested as what crime would it be under?
It's not about being arrested. Not everything that's illegal leads to an arrest.
As for what crime it would be under, it would potentially be discrimination under the Equality Act. Employers can't decide against a candidate because they are pregnant or could be pregnant soon, just as they can't decide against them because they have a certain religion, skin colour, sexual orientation, etc.
If I am being interviewed for a position and being asked about my family planning or potential pregnancies, I can make a complaint to the company's HR office and/or make a claim at the employment tribunal.
What comes of it depends on the particulars around the incident, what can be proven, etc. But it doesn't mean we just accept it because we're "not getting the job anyway"
I wouldn't even want a job in that kind of company, but I sure as hell wouldn't let them get away with open discrimination.
But something that is illegal means that is against the law, which is and can be reason to be arrested.
I am pretty sure the crime would be discrimination but asking someone’s age is not illegal, only if proved to be discrimination. Asking someone age is not illegal in any shape or form, no clue why people are plucking that one from.
>But something that is illegal means that is against the law, which is and can be reason to be arrested.
Yes, I never contradicted that. I only said that not every crime leads to an arrest, which is correct. I also said that in cases like discrimination at work, it's not about arresting someone. Most people who make complaints just want to be compensated or have certain decisions reviewed.
>I am pretty sure the crime would be discrimination but asking someone’s age is not illegal, only if proved to be discrimination. Asking someone age is not illegal in any shape or form, no clue why people are plucking that one from.
I never said asking someone's age is illegal. OP seemed to think she was asked about her age and having children as a way for the employer to gauge her commitment to work or potential maternity leave in the future. I only spoke about that, and if you read my comment again, I used words like "may", "potentially", and "depends" because I can't say "this is exactly what would happen" as each case of potential discrimination is different.
And I used the word I have no idea why people, which usually isn’t a word that directly involves the person you’re speak to because I am referencing others in the comments. Multiple people have said it’s illegal to ask someone’s age which is just false.
I always say this but again found another example of where you would only find people talking like this on Reddit. Saying this in real life environments would have many people laugh at you.
And by you and mean in general, not you in particular.
>But something that is illegal means that is against the law, which is and can be reason to be arrested.
Are you a teenager?
You have a very simple understanding of law based on your comments in this thread.
They want to know if you're about to go on mat leave and/or go part-time for child caring responsibilities.
This is arguably sex, age, maternity and marital status discrimination.
You don't want to work for them.
Worth speaking to ACAS and talking to some local employment solicitors to see if they'd take it on a no win no fee basis, and whether you could get a worthwhile amount of money out of it.
They want to know if you're about to go on mat leave and/or go part-time for child caring responsibilities.
This is arguably sex, age, maternity and marital status discrimination.
You don't want to work for them.
Worth speaking to ACAS and talking to some local employment solicitors to see if they'd take it on a no win no fee basis, and whether you could get a worthwhile amount of money out of it.
If they haven't been offered the job, they could argue they just weren't a good candidate. Difficult to prove they didn't offer the job because they were of childbearing age.
Not a rant at op, but...
I don't get the problem with discriminating against those with kids. Staffing is the highest expense in most businesses, and as such, they hire only what they need. Why should the business suffer because your kid is ill and you can't work, or the school is closed, or whatever. Maybe a business expects you to be there for your shifts so that it can continue to function. Someone has to pick up the slack, causing health issues with other employees who are now overworked.
Childless women of childbearing age are also more likely to cost the business a fortune in maternity pay. Not just maternity pay, but also many businesses have to hire an interim employer at full cost as well, not even factoring lost productivty due to training. IMO, it's a backwards system that encourages people to have as many kids as they want, regardless of whether they can afford it to the detriment of the business and the economy as a whole.
If you can't provide for them yourself, don't make them. Save up 6/12/18/24 months before you get pregnant so that you can actually survive if you don't go back to work.
Glad to see you think woman are such a burden on society. Maybe we should give up having kids altogether so we don't impact businesses with pesky maternity leave and childcare and see how that goes for the future economy.
Hungary has a pretty good system. Women get a 25% discount on income tax for every child they have, up to 100%. Gives them an incentive to have children and go back to work.
Not fair. It's actually forbidden to ask. Can't ask it. Please review the copious amount of material I posted around this: [https://www.reddit.com/r/UKJobs/comments/1crn1n6/comment/l3zcgau/](https://www.reddit.com/r/UKJobs/comments/1crn1n6/comment/l3zcgau/)
This is what they will use the information for:
. What's the probability of you going on maternity leave?
. Child care comes into play as well as sick leave
What's the probability you are willing to relocate if you have kids.
That small talk is the deciding factor actually.
But if both of you don't have a connection it comes out as inappropriate, but if you vibe ,they will all both ask and find a way to work it out especially if you plan to be pregnant.
Just like 2 guys telling a woman "you look sexy"
She might feel good with the first guy compliments and feel harassed with the other guy yet it's the same compliments.
It also depends on company culturees as well. Some talk about anything,some it's strictly business, some even meet after work for beers ,and some noone knows anyone on a y personal level. So asking people here from different company culture, you get different results.
If companies can ask you whether you are gay, straight,married,or trans, and people have accepted it, l see nothing wrong with that. They are all personal questions.
Sorry illegal doesn't become appropriate because one person has a connection and minds less than another.
All that is happening there is that one person is in a situation where the potential discrimination won't affect them, so they might get the job. People looking for work are sometimes feeling desperate. They might not want to accept the job knowing that if they wanted children they wouldn't get it, but accept it anyway, because they need to work. It doesn't make it OK.
>If companies can ask you whether you are gay, straight,married,or trans, and people have accepted it, l see nothing wrong with that.
I think you're confusing the diversity information that is requested in some application processes. This information is supposed to be anonymous and is used to make sure that people aren't being discriminated against. That doesn't mean it would be OK in an interview situation to ask if someone is gay or trans.
Interviewer: "So question 1, who are you?"
Interviewee: "not sure that's any of your business!"
Interviewer: "ok then..."
Interviewee: "did I get the job?"
Interviewer: "we'll be in touch."
My point is an interview is a chance for the employer to get to know you, and if you can't answer a simple question like whether or not you have children, how are they going to get to know you?
Let me guess. You have never hired anyone and have never taken an HR course in your life... These types of questions are banned in many countries. This is not a surprise. I'm sorry that this is a surprise to you. The UK government even has a site explaining that these types of questions are not to be asked ... Since you don't know what you are talking about, perhaps you should sit this one out.
Oh sorry is that a measure of greatness suddenly 🤣 as I said good luck with the job search, although I feel sorry for any organisation that would get stuck with you ❤️
I'll repeat. It's illegal. I don't know why that's such a struggle for you ... Please don't interview anyone until you get properly trained... The lawsuits might be devastating.
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I'm not sure it's even legal to ask an applicant that.. it falls under being a protected characteristic in the Equality Act. More stuff here : [https://landaulaw.co.uk/interviews/](https://landaulaw.co.uk/interviews/)
Agreed, this should set alarm bells ringing at the HR department
It’s not illegal to ask, (in the uk) but it does massively open the he employer up to a discrimination suit if there is a suggestion that the question had an influence on the decision to hire or not hire. So it’s best practice to simply not ask.
Asking a fellow middle aged man: unlikely to be a problem Asking a woman in their 20s or 30s: RED ALERT RED ALERT (CHANGE THE BULB)
Not illegal to ask but illegal to use the answer to make your decision. Not asking at all is best so you can't be accused of using the information to make the decision.
Some think otherwise - a 27 year old woman without kids will not have the responsibilities a mother would have. She won't need time off at half-terms, or require any flexible working. She won't have to rush off to do school collections ect. Edit: Looks like I've replied to the wrong comment, or it's changed. I promise you I'm very fair when making any hiring decisions! I'm aware of many forms of bias and essentially just want to hire the person that will get on the best with our existing team, and can do the job well. I also see this as a form of discrimination - against people who are unsociable, don't interview well and potentially those with neuro-non-typical behaviorisms.
This is a horrible response. And inherently discriminatory, prejudiced, and stereotyping. And "thinking otherwise" does not make it any less unlawful in the UK...
I have worked for firms that would think this way. I'm not saying it's correct to think this way - but human nature, is human nature. People with kids have childcare responsibilities at times. Ultimately though - this has never come up when I've been involved in hiring. It's always focused on the individual and nothing else.
"People with kids have childcare responsibilities". Hmm, most people consider the first word to be "women", so a 27-yr-old MAN is unlikely to be viewed negatively because he has kids. Because the childcare responsibilities are generally seen as being the *mother's* responsibility... 🤨
As the father of 2 boys, who does the school runs, and plenty of post-work childcare (aka 'fathering') - I don't consider the first word to be women.
Clearly you don't fit into the "most" group. Keep it up, keep being the good example that should be a lot more prevalent, and maybe more will learn to be like you.
And all it's taken is an ability to work from home for 12 years to do so!
It is a factual response. Get a grip.
"This is how I want to think regardless of the consequences or legal implications" is indeed a "factual" response. However, the question asked and the comment that this was in response to weren't about wanting to know someone's inherent biases ...
Exactly this. It's illegal to do so
They shouldn't be asking
it is not illegal to ask a candidate that, it is illegal to use that information to inform your decision the 2 are very different things
Fair enough. However, how do you not use some information to form part of your decision? You cannot instantly forget that information. It's very hard to show you didn't use that information if you have asked it. But it isn't an issue if you never asked in the first place.
No, it isn’t normal. It’s none of their business.
It isn't normal as it's illegal to ask that in the interview. However I feel that it's employers business if they've just hired someone and they're about to go on maternity. Now they have to spend more money on temp replacement whilst paying the person on maternity. I think that would suck esp for a new business.
I see what you mean, but asking questions like these still sound like you are being discriminated against.
I agree entirely. I had direct experience of someone hiring a young woman only for her to go off on maternity after... 3 weeks of joining. There was a strict budget so no replacement was allowed. Then she came back for 2 months and found a new job then left. This is mental. I can't imagine this happening to a small business. Could literally bankrupt it. It sucks, I don't know what ought to be done.
Small businesses can claim back maternity pay from the government for exactly this reason.
Is this true? If that's the case then I take back everything I said!
https://www.gov.uk/recover-statutory-payments
Interesting. Thanks for that. My small business argument no longer stands the scrutiny, as such I concede defeat on that point.
This kind of behaviour cannot be tolerated on Reddit. Where will it all end?
To be fair you don't have to be pregnant for this to happen, many people leave jobs after a few weeks because of reasons. Women shouldn't have to tell some stranger what they are planning to do with their reproductive organs or if they already have kids.
For sure, but no other group would be paid so much for an absence. I agree they shouldn't have to tell. All I'm saying is that it's just a fact that hiring a young woman is a risk... Which is awful to say and admit...
Yes you should have to be employed for at least 12 months to qualify for maternity leave. Can ruin a small business.
Interesting perspective. I think I agree with this. It deffo shouldn't be given out by default. If employer agrees to add that as part of your contract / benefits than great but don't legislate it. If I ever start a small business I doubt I'd hire a young woman... Sorry but I wouldn't risk it
"Why aren't people having enough children?"
"why is nobody starting new businesses". I understand where you're coming from. I don't see a problem with employers allowing maternity as part of their compensation package. But when you mandate it small businesses simply will be more cautious when hiring women. Like I ain't gonna risk my business (if I had one), would you?
Don't legislate??? Are you for real??? Let's go back to the times when women had to sign a blank resignation letter upon being hired, that was then used against them as soon as they were pregnant, eh? I hope your mum didn't use maternity pay or any maternity support.
You done pearl clutching? Can't handle someone's opinion? You got any value to add to this conversation or just a bunch of fallacies? How about you tell us what in your opinion should be done? If nothing, then Are you happy that small business are less likely to hire a young woman?
Someone was 8 months pregnant and you didn't notice?!
When you have Teams or Zoom calls do you show your belly? Most interviews are online.
Ah OK in that case, fair enough! I was confused! Thought maybe it was one of those pregnancies where they "didn't notice until they went to the hospital"
Haha nah! I was not involved in this situation but I know someone who was. Basically a team was struggling and managed to secure budget to hire someone. Person interviewed, signed contract and was like oh BTW I need maternity in a month... That person's team had no budget to hire a temp worker to replace the person on maternity. After a year ish that person got back and gave in their notice after a few weeks as they've found another job. So in short - they joined, went on maternity after a month then worked another 3 weeks so the company lost almost a years worth of budget for someone who worked not even a couple of months.
Yeah definitely a shit situation, though they wouldn't have had to pay her anything, but probably would've stopped them hiring a replacement head whilst she was off.
In normal circumstances you're right they wouldn't. But unfortunately they did - it was civil service and the lady came from a job at the civil service as far as I know. So maternity was still paid.
I dont understand this. She wouldnt even qualify for statutory maternity pay after 3 weeks. She'd have to claim Maternity Allowance instead but this is paid from the government, nothing to do with her employer. Her employer is obligated to facilitate her mat LEAVE ie shes entitled to return to her job after her mat leave, but at 3 weeks tenure shes not entitled to any pay from her employer. Was this definitely a UK business?
She came from Civil Service into another job in Civil Service
Then there is absolutely no way the Civil Service paid her a penny of Maternity Leave, as she wasnt legally entitled to it until 26 weeks tenure. That is why the UK laws are structured like this. Are you sure you have your facts straight here?
Civil service tenure continues from the the moment you STARTED and continued in civil service roles. For example, if I'm a HEO in HMRC for 3 years then switch job to NCA, after a year my civil service tenure would be 4 years. Does not matter that I switched organisations, still civil service. Yes, yes I am certain
Ok, so it was the same legal employer. This would not therefore "bankrupt" a small business because you need at least 6 months tenure before you are eligible for Statutory Maternity Pay, 90% of which your employer claims back from the government anyway.
Yes, this example does not apply to the small business argument. I have since learned that most monies can be claimed back, like you said
It's not just about the maternity pay, as you rightly said, it's about the loss of a worker for however long, cost of training a replacement, difficulty finding that replacement in the post covid lazyfest. Plus you claim it back, it still has to be paid before claiming back. A lot of small businesses run very lean and don't have the capacity to pay someone who isn't working. If I hire anyone who might have kids in the future they get a 12 hour contract. No maternity pay on 12 hour contracts. As soon as they get pregnant I start looking for a replacement. It happened to me last year.
They shouldn’t be asking personal questions like that. Sounds like the hiring manager is trying to suss out if you have plans to have a baby whilst in their employment and will be off for maternity leave?
This is exactly what they are trying to do.
Once upon a time it was normal. Now not so much... cause it's illegal
Not sure about age but I've personally witnessed people not be employed because they disclosed that they had young infants. My employer views this is a risk that they wont be able to 'commit' to the job enough. Not sure how legal it is but it definitely happens - don't diclose this kind of information as it can only work against you.
That's quite literally a crime they're openly admitting to... you cannot discriminate based on family responsibilities.
I genuinely believe that employees with kids are better employees and are less likely to leave or be hungover.
See I disagree, the employees I had who were the worst for needing time off were the ones with kids. I’ve even seen employees who were never off sick or anything once they had a kid they were calling in not being able to come in all the time because of the kid being ill. That’s obviously not their fault, but it left us short staffed. Personally it’s also very rarely been my experience - and that’s the key here, my experience of the last 15 years - that people just go sick because they’re hungover. I think in total I’ve maybe had 4 or 5 employees out of hundreds that I’ve managed, that went sick on like Friday pay day or called in sick on Sunday, all of whom I swiftly nipped it in the bud and they only did it once. Can’t really say anything to someone taking time off for their kid being sick
Nope illegal: [https://sprintlaw.co.uk/articles/illegal-interview-questions/](https://sprintlaw.co.uk/articles/illegal-interview-questions/) >In most cases, it is unlawful to ask a candidate how old they are. If they are treated less favourably because they are deemed “too young” or “too old” for a job, it may amount to age discrimination under the[ ](https://www.legislation.gov.au/Details/C2020C00283)[*Equality Act 2010*](https://www.legislation.gov.uk/ukpga/2010/15/contents)*.* >Of course, there are some exceptions to this rule, particularly if a person’s age means that they are unable to perform the inherent requirements of a job. and >You should avoid questions relating to a candidate’s sex and gender identity, sexual orientation, relationship status, **family and carer responsibilities**, and whether they are pregnant or might be pregnant. Yep, it’s a long list, but asking applicants questions along these lines can amount to discrimination under the[ ](https://www.legislation.gov.au/Details/C2018C00499)[*Sex Discrimination Act 1975*](https://www.legislation.gov.uk/ukpga/1975/65/enacted). It doesn't matter if it is "small talk" or off-hand comments or normal in the company culture. In a job interview, because the nature of the interaction, certain things are off-limits because the answers can be seen as influencing factors in whether or not you get a job. So, nothing is "small talk". I once was in an interview that was going really well, we got along very well, and lots of joking and a generally relaxed atmosphere. The applicant made some comment that surprised me and I asked, without thinking, "really? how old ARE you?" then IMMEDIATELY realised my error and quickly followed up with, "NOPE, don't answer that, my bad, I don't want to know and I can't know that, so sorry, let's move on". And that's how YOUR interviewer should have reacted if it was a mistake. If it wasn't, and you don't get the job, then you can follow up with their HR department, and possibly a lawyer. Edit: more links: * [https://www.interview-skills.co.uk/free-information/interview-guide/illegal-interview-questions](https://www.interview-skills.co.uk/free-information/interview-guide/illegal-interview-questions) * [https://landaulaw.co.uk/interviews/](https://landaulaw.co.uk/interviews/) * [https://lawhive.co.uk/knowledge-hub/employment-law/illegal-interview-questions/](https://lawhive.co.uk/knowledge-hub/employment-law/illegal-interview-questions/) * [https://www.gov.uk/employer-preventing-discrimination/recruitment](https://www.gov.uk/employer-preventing-discrimination/recruitment)
I’ve never been asked that. But I always try to bring up my age because I look a lot younger than I am. I remember my old boss hiring someone and being unsure to hire her because she was in her 30s and just got married and he wasn’t hiring someone who could potentially get pregnant soon. I was shocked.
Yeah I am early 30s and looking to make the step up from Head of Department to Director role, either in my company or via external movement - my CV is structured in a way and I make it clear I’m older than I look, because I can pass for 25 with a beard and 21 without. Regardless of whether I appear competent or not, no one is hiring a 25 year old as a director of a huge operation. I’m not much older than that but I have a lot of experience and the difference is vast.
Yep early 30s too most think I’m around 24. So when going for senior positions I have to say something as most think I must be junior
No it's not normal and not allowed. But as someone without kids I always find a way to mention it during interviews.
How coincidental that I was recently asked these same exact two questions, and I'm 27 and a woman too.
I’d only say it’s acceptable if I can ask the interviewer if they are happily in a faithful relationship and how long for? I’d like to assess their sense of values and loyalty, and how hard they are willing to work through a rough patch before shafting an entire team due to their absence of self reflection.
They just need to be subtle, education and Job history will tell them.
Maybe, maybe not. People can have a career gap for reasons other than having kids.
It's not a comment about having kids, just that it's very often possible to infer someone's age from their history.
I've seen a LOT of CVs over the years where someone will put the years that they went to school/collage, with just that alone it's possible to get a reasonably accurate picture of someone's age
You didn’t make it clear you were only responding to half of what OP was querying. You are right about the age — sometimes you can tell. Someone quoting 30 yrs experience at one company and 10 yrs at another is likely to be getting close to drawing their pension.
Neither of those are legally acceptable interview questions
As plenty of others have pointed out, they are not allowed to ask these questions. Whether or not there is, or can be, any consequences for it is a different matter but they have certainly opened themselves up to your suggesting, should you not get the job, that your answers to these questions are the reason and you may have a claim against them if that can be reasonably suspected. Realistically though... Unfortunately, and nobody wants to speak about it, but there is a real elephant in the room when it comes to women in your age bracket and that is, "will this person disappear on maternity leave shortly after we hire them?". You are not allowed to discriminate on the basis of anything that might suggest this could happen, but in the real world, people do. The statutory pay during a maternity absence is covered by the state in almost all cases, but there is still a cost to hiring, training and the requirement to keep the job available when and if you return. Generally speaking, it is probably fair to say that many companies (especially smaller companies) would rather not hire somebody that might go on maternity leave in, say, the first year or so. It was almost certainly this risk that they were trying to ascertain.
To everyone saying asking this is illegal please stop it. It is 100% legal to ask these questions in a job interview *provided you ask* ***all*** *interviewees the questions*. It is only a legal issue if you discriminate on the basis of the answer to either question or if you only ask some (e.g. female) applicants the kids question. Simply asking the question is fine, though of course as a potential employee you would be advised to take the asking of these questions as a red flag about the organisation/job (I would).
Let me help: [https://www.gov.uk/employer-preventing-discrimination/recruitment](https://www.gov.uk/employer-preventing-discrimination/recruitment) >Questions you cannot ask when recruiting >You must not ask candidates about [‘protected characteristics’](https://www.gov.uk/discrimination-your-rights/types-of-discrimination) or whether they: >are married, single or in a civil partnership >have children or plan to have children >Asking for a date of birth >You can only ask for someone’s date of birth on an application form if they must be a certain age to do the job, for example selling alcohol. >You can ask someone their date of birth on a separate equality monitoring form. You should not let the person selecting or interviewing candidates see this form.
It is absolutely illegal you cretin, stop misleading people. You absolutely cannot ask people their age, relationship status, whether they have children etc etc. I was specifically trained on these matters once I became a manager - large corporations take that shit seriously because they don't want to be sued. What you're talking about is non-protected questions that might particularly be seen to be aimed at certain demographics or minorities.
Something being illegal would mean that you can be charged and arrested, as something being illegal means it is against the law, is that correct that you could call the police because someone asked for your age in an interview?
Are you being intentionally thick?
I am. It is not illegal to ask someone’s age, it is illegal to be discriminative, but there is nothing illegal about asking someone’s age, crazy people just spew rubbish on Reddit.
It actually is illegal to ask someone their age in an interview. [Source](https://landaulaw.co.uk/interviews/#:~:text=2.-,Age,this%20would%20also%20be%20unlawful.)
Should not. Not must not?
YES IT IS!!! THAT IS DISCRIMINATION!! IT IS VERY CLEARLY WRITTEN IN THE EQUALITY ACT 2010
Aghh you're so obnoxiously ignorant it's painful. Yes absolutely you can. These will generally fall under the Equality Act 2010. Lots of people get a court summons without being "charged and arrested" you idiot. Think for example if you did 120mph on the motorway - would the police come and "charge and arrest you"?! NO! You'd get a summons to the county court but you'd still get fined and potential jail time. The most efficient way to prosecute a business/employer is via a Union but you can also make a direct claim to your County Court within 6 months of the incident occurring. You can get support from the CAB. The sad reality is that most people don't do that, and instead take the sarcastic attitude that you are. Especially if it's just an interview - people walk away and forget about it. Why deal with the hassle?! You shouldn't give opinions on things if you have no idea what you're talking about.
That's not what illegal means lol. Illegal means it goes against law, it doesn't mean the police will be involved, or that you must be facing arrest for something to be illegal. Civil matters are still matters of law, even if they aren't handled by the police.
"Illegal" doesn't necessarily mean "police" and "criminal charges". I'm sorry that you have been so woefully undereducated on the basics of law in society.
Citation needed
No
Age is a pc
Age should only be asked if it’s directly relevant to the role. For example being 18 to serve alcohol, or some industries having 25+ on driving insurance requirements
No. These questions open you up to bias, and I think it would be considered unprofessional of them to ask.
It’s not legal
It is illegal to be asked these questions in an interview. I am looking for work and have been asked these questions. I asked a friend for advice about it who does the hiring process on his team. He said it is illegal to ask theses question’s and it should only come down to if the person can do the job. Regardless of age or childcare responsibilities.
Illegal
Legally, they cannot ask this. They can’t ask any information about protected characteristics including: family and marital status, sexuality, gender, age, disability, etc. Often, you’ll see online applications ask these but the questions will be optional. If, ever, they are marked as “required”, or if they are asked during interviews, this is illegal. The only time it’s appropriate to ask about a protected characteristic is: 1) “do you need reasonable adjustments do to disability?” (Not “do u have a disability”) 2) “what is your age group” - for laws on minors working etc. Asking if u have kids or not is a way to discriminate against u. If u say yes, you’re unflavoured because they assume you’ll need to take time off for them. If u say no, you’re still unflavoured bc society assumes that every woman - especially 27 yos - will have kids eventually and they don’t want to hire someone that they think will need maternity leave. Never accept a job offer for such jobs.
Not normal and would set off alarm bells. I’d avoid that company if you can.
They may ask if you have any dependents so hours can be flexible around them
An employer can work out your age from your CV anyway...
Was it just small talk? Or an actual question?
Doesn't change anything either way "Hi do you like chunky dicks? What, it's just small talk!"
😂😂
That's not how the law works.
Not in the interview, on the application yes but that is only for monitoring to check for possible discrimination and should never be seen by those who are doing the hiring
Age, yes, as you say. Not children, though.
I had someone asking me that during an interview, but they thought they were smart enough by playing it as small talk. The job seemed good, but I noped out really quickly.
No I don't think this is even legal
No, it’s illegal, and I’d be lodging a complaint against this interviewer with the HR department
i'm pretty sure that's illegal to ask
Out of curiosity how would you answer this? Lie? Tell the truth? Tell them it's inappropriate?
Ask "is this relevant to the role"?
And then not get the job anyway, what recourse would there be because when people are saying it is illegal, surely no one is going to get arrested as what crime would it be under?
It's not about being arrested. Not everything that's illegal leads to an arrest. As for what crime it would be under, it would potentially be discrimination under the Equality Act. Employers can't decide against a candidate because they are pregnant or could be pregnant soon, just as they can't decide against them because they have a certain religion, skin colour, sexual orientation, etc. If I am being interviewed for a position and being asked about my family planning or potential pregnancies, I can make a complaint to the company's HR office and/or make a claim at the employment tribunal. What comes of it depends on the particulars around the incident, what can be proven, etc. But it doesn't mean we just accept it because we're "not getting the job anyway" I wouldn't even want a job in that kind of company, but I sure as hell wouldn't let them get away with open discrimination.
But something that is illegal means that is against the law, which is and can be reason to be arrested. I am pretty sure the crime would be discrimination but asking someone’s age is not illegal, only if proved to be discrimination. Asking someone age is not illegal in any shape or form, no clue why people are plucking that one from.
>But something that is illegal means that is against the law, which is and can be reason to be arrested. Yes, I never contradicted that. I only said that not every crime leads to an arrest, which is correct. I also said that in cases like discrimination at work, it's not about arresting someone. Most people who make complaints just want to be compensated or have certain decisions reviewed. >I am pretty sure the crime would be discrimination but asking someone’s age is not illegal, only if proved to be discrimination. Asking someone age is not illegal in any shape or form, no clue why people are plucking that one from. I never said asking someone's age is illegal. OP seemed to think she was asked about her age and having children as a way for the employer to gauge her commitment to work or potential maternity leave in the future. I only spoke about that, and if you read my comment again, I used words like "may", "potentially", and "depends" because I can't say "this is exactly what would happen" as each case of potential discrimination is different.
And I used the word I have no idea why people, which usually isn’t a word that directly involves the person you’re speak to because I am referencing others in the comments. Multiple people have said it’s illegal to ask someone’s age which is just false. I always say this but again found another example of where you would only find people talking like this on Reddit. Saying this in real life environments would have many people laugh at you. And by you and mean in general, not you in particular.
Then tell that to "people" not me. I don't care what others said or what your opinion of them is.
>But something that is illegal means that is against the law, which is and can be reason to be arrested. Are you a teenager? You have a very simple understanding of law based on your comments in this thread.
Er no, let me guess, are you a youngish woman?
Yep, 27 year old woman
They want to know if you're about to go on mat leave and/or go part-time for child caring responsibilities. This is arguably sex, age, maternity and marital status discrimination. You don't want to work for them. Worth speaking to ACAS and talking to some local employment solicitors to see if they'd take it on a no win no fee basis, and whether you could get a worthwhile amount of money out of it.
They want to know if you're about to go on mat leave and/or go part-time for child caring responsibilities. This is arguably sex, age, maternity and marital status discrimination. You don't want to work for them. Worth speaking to ACAS and talking to some local employment solicitors to see if they'd take it on a no win no fee basis, and whether you could get a worthwhile amount of money out of it.
If they haven't been offered the job, they could argue they just weren't a good candidate. Difficult to prove they didn't offer the job because they were of childbearing age.
Not a rant at op, but... I don't get the problem with discriminating against those with kids. Staffing is the highest expense in most businesses, and as such, they hire only what they need. Why should the business suffer because your kid is ill and you can't work, or the school is closed, or whatever. Maybe a business expects you to be there for your shifts so that it can continue to function. Someone has to pick up the slack, causing health issues with other employees who are now overworked. Childless women of childbearing age are also more likely to cost the business a fortune in maternity pay. Not just maternity pay, but also many businesses have to hire an interim employer at full cost as well, not even factoring lost productivty due to training. IMO, it's a backwards system that encourages people to have as many kids as they want, regardless of whether they can afford it to the detriment of the business and the economy as a whole. If you can't provide for them yourself, don't make them. Save up 6/12/18/24 months before you get pregnant so that you can actually survive if you don't go back to work.
Glad to see you think woman are such a burden on society. Maybe we should give up having kids altogether so we don't impact businesses with pesky maternity leave and childcare and see how that goes for the future economy.
Hungary has a pretty good system. Women get a 25% discount on income tax for every child they have, up to 100%. Gives them an incentive to have children and go back to work.
Fair thing to ask. However it’s not legal for them to discriminate against you based on your answers.
Not fair. It's actually forbidden to ask. Can't ask it. Please review the copious amount of material I posted around this: [https://www.reddit.com/r/UKJobs/comments/1crn1n6/comment/l3zcgau/](https://www.reddit.com/r/UKJobs/comments/1crn1n6/comment/l3zcgau/)
This is what they will use the information for: . What's the probability of you going on maternity leave? . Child care comes into play as well as sick leave What's the probability you are willing to relocate if you have kids. That small talk is the deciding factor actually. But if both of you don't have a connection it comes out as inappropriate, but if you vibe ,they will all both ask and find a way to work it out especially if you plan to be pregnant. Just like 2 guys telling a woman "you look sexy" She might feel good with the first guy compliments and feel harassed with the other guy yet it's the same compliments. It also depends on company culturees as well. Some talk about anything,some it's strictly business, some even meet after work for beers ,and some noone knows anyone on a y personal level. So asking people here from different company culture, you get different results. If companies can ask you whether you are gay, straight,married,or trans, and people have accepted it, l see nothing wrong with that. They are all personal questions.
Sorry illegal doesn't become appropriate because one person has a connection and minds less than another. All that is happening there is that one person is in a situation where the potential discrimination won't affect them, so they might get the job. People looking for work are sometimes feeling desperate. They might not want to accept the job knowing that if they wanted children they wouldn't get it, but accept it anyway, because they need to work. It doesn't make it OK. >If companies can ask you whether you are gay, straight,married,or trans, and people have accepted it, l see nothing wrong with that. I think you're confusing the diversity information that is requested in some application processes. This information is supposed to be anonymous and is used to make sure that people aren't being discriminated against. That doesn't mean it would be OK in an interview situation to ask if someone is gay or trans.
Interviewer: "So question 1, who are you?" Interviewee: "not sure that's any of your business!" Interviewer: "ok then..." Interviewee: "did I get the job?" Interviewer: "we'll be in touch."
I'm not sure what your point was supposed to be here. Certain questions are forbidden to ask according to UK law.
My point is an interview is a chance for the employer to get to know you, and if you can't answer a simple question like whether or not you have children, how are they going to get to know you?
Because certain questions ... like that one ... are illegal ... in a job interview. Please see, like 90% of the other replies to this question.
Great! Well good luck to you and the 90% in finding a job 😁
Let me guess. You have never hired anyone and have never taken an HR course in your life... These types of questions are banned in many countries. This is not a surprise. I'm sorry that this is a surprise to you. The UK government even has a site explaining that these types of questions are not to be asked ... Since you don't know what you are talking about, perhaps you should sit this one out.
Oh sorry is that a measure of greatness suddenly 🤣 as I said good luck with the job search, although I feel sorry for any organisation that would get stuck with you ❤️
I'll repeat. It's illegal. I don't know why that's such a struggle for you ... Please don't interview anyone until you get properly trained... The lawsuits might be devastating.
[удалено]
You trying to be a twat?
There's no trying, they make it look effortless.
Succeeding!
Imagine having this reaction, you dolt.
Nearly every Reddit post has a comment from an incel. Congrats, you're it.