When was the last time you reviewed the employment discrimination laws before conducting an interview? Most hiring managers have every intention of complying with employment discrimination laws but find that the time needed to keep abreast of the nuances of employment discrimination in areas such as race, gender, religion, national origin, age, marital status, medical history, physical disability or criminal records hard to find.
Yet failure to properly prepare can lead to questions and conversations that should be avoided. Generally, asking questions alone is not illegal unless the candidate belongs to a protected class and believes that he or she was rejected due to the information that was gathered. If this happens you will be forced to prove that employment discrimination did not occur. Interviewing with this in mind can be unsettling, and it can be hard to proceed confidently during the interview process unless you have a solicitor by your side! But many questions that are necessary to screen for the position can tread on dangerous territory.
For example, if we cannot ask a person's age, how do we find out if the candidate is above the minimum age requirement? What if it is important to check criminal or credit history due to the type of work involved? What if you want to make sure the candidate is able to work overtime due to the demands of the job? How do you determine a candidate's citizenship?
To help you avoid common pitfalls in the interview process that could leave your company exposed to a claim for employment discrimination, begin by sticking to the following two practices:
Only Ask Job-Related Questions!
Problems can arise from questions asked before the interview even begins! Innocent conversation on topics used to break the ice and make the candidate more comfortable can cause problems if the candidate is rejected. Go ahead and talk about the news, sports or weather, but stay away from personal topics such as children and spouses. A candidate can naively reveal personal information that you did not ask for. Politely steer the conversation back to job-related questions that you have (hopefully) prepared in advance of the interview!
Subject Each Candidate To The Same Hiring Practices!
Keeping the interview fair and equal must start by using a job application that asks the same questions of each candidate. If you require testing, make sure that all candidates applying for the job are tested with the same instrument. In advance of the interview, write a job-related, detailed and validated position description. Based on the job description it is advisable to compile a list of solid interview questions that keep to the qualifications of the job. If possible, familiarise yourself with the laws that apply specifically to discrimination.
Questions Regarding A Candidate's Age:
The only time that it becomes important to know a person's age is when you think the candidate may not be of legal working age. This information can be obtained by simply asking the candidate if they can prove that they are over 18 years of age.
Questions Regarding A Candidate's Criminal Record:
If there is a need to know about a candidate's criminal record simply ask if the candidate has ever been "CONVICTED". The objective is to steer clear of asking if the candidate was ever arrested, as this question is illegal. The candidate only needs to reveal a conviction. It is best to include this question on the application form.
Questions Regarding A Candidate's Disabilities:
There is a right way (legal) and a wrong way (illegal) to ask questions that are related to physical and mental disabilities. The difference between the two questions is that the illegal question can be construed as an attempt to disqualify a candidate.
Questions Regarding A Candidate's Physical Abilities:
After a thorough job evaluation identifies that the position requires specific physical ability, such as lifting, determine the amount to be lifted (such as 40 pounds) and how far and how often this must be done (such as 25 feet repeatedly during the day.) Then ask EVERY candidate: "This position requires that you lift 40-pound boxes and move them 25 feet repeatedly. Are you able to handle this aspect of the job?"
Questions Regarding A Candidate's Marital & Family Status:
Don't ask if the candidate is married or if he or she has children. It is not relevant to the job. Sometimes an interviewer will want to find out if the candidate can handle the work schedule that the job requires. It is okay to ask the candidate if he or she is willing to work overtime, travel or relocate. You can also ask if there are any days or times that the candidate will be unable to work. It is not okay to ask if working on a particular religious holiday will be a problem. Don't ask the candidate if he or she has any children or how childcare will be handled.
Questions Regarding A Candidate's Medical History:
Questions regarding a candidate's medical history are considered discriminatory. A full medical exam can be part of the hiring process AFTER an offer has been made. Drug screening can be conducted prior to extending an offer. Make sure that your policy states that you do not hire anyone with a positive drug screening result.
Questions Regarding A Candidate's National Origin:
Don't ask: "Where were you born?" Or "What is your native language?" You CAN ask if the candidate is authorised to work in the UK. You can also ask what languages a person speaks if this information is shown, after a thorough job evaluation, to be a requirement of the job.
Questions Regarding The Candidate's Gender, Sexual Orientation, Race, Religion Or Political Affiliations
- Just Don't Ask !!!
These types of questions are strictly taboo and should not be asked or discussed at any time during an interview. Once the applicant becomes an employee, the employer may collect this information for affirmative action programs and government record keeping and reporting.
Avoid gender-stereotyping questions -- sexual harassment suits can be filed no matter how many employees' work for your company.
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( 3 / 15 )HMRC are warning taxpayers to be vigilant as there have been several reports of scam emails offering a tax repayment. Taxpayers should not respond to any email promising a tax repayment.
The email advises the recipient they are due a tax refund and directs them to an online form to provide bank or credit card details for the payment of the “rebate”.
Where taxpayers believe they may have been the victim of an email scam they should report the matter to their bank/card issuer as soon as possible. HMRC are advising that those providing their details have had their accounts emptied and credit cards used to their limit. Victims are also at risk of having their personal details sold on to organised criminal gangs.
HMRC are expecting an increase in this type of email as following the Self Assessment filing deadline, many taxpayers will be waiting to receive confirmation of their repayment.
HMRC said:
“We only ever contact customers who are due a refund by post. We never use emails, telephone calls or external companies in these circumstances. We strongly urge anyone receiving such an email to send it to us for investigation before deleting it.”
HMRC’s further advice is to:
• Check the advice published at www.hmrc.gov.uk/security/index.htm to see if the email you have received is listed.
• Forward suspicious emails to HMRC at phishing@hmrc.gsi.gov.uk and then delete it from your computer/mail account.
• Do not click on websites, links contained in suspicious emails or open attachments
• Follow advice from www.getsafeonline.co.uk
• Check with HMRC at www.hmrc.gov.uk/security/fraud-attempts.htm
Internet link: Press release
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( 0 / 0 )HMRC has announced that they will launch a new method of paying tax liabilities, known as Managed Payment Plans, in April 2011.
The plan could be entered into by any individual taxpayer making payments under Self Assessment (whether final payments or payments on account) and by companies, under corporation tax self assessment. Group companies and those already subject to quarterly instalment arrangements will be unable to apply.
In order to be able to take advantage of the scheme, which allows the tax to be paid in monthly instalments, taxpayers will have to meet certain conditions:
• The taxpayer has made their self assessment for the year.
• All previous tax must have been paid or time to pay arrangements must already be in place.
• Payments must be made by direct debit.
Payments need to be made in equal monthly instalments on 15th of each month spread symmetrically either side of the payment date. In order to take advantage of a full twelve months to pay, taxpayers will need to make their self assessment and propose their plans by the following dates:
• 31 October for SA taxpayers who are required to make payments on account on 31 January and 31 July;
• 31 July for SA taxpayers who only have a final 31 January payment to make;
•six months before the normal due date for payment for CTSA.
The deadlines for the submission of returns are tight. If you are interested in taking advantage of the payment option please do get in touch so we can look into the matter for you.
Internet link: HMRC news
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( 2 / 3 )HMRC have updated their guidance on the issue of multiple or incorrect PAYE tax codes to some employees following the introduction of their new National Insurance and PAYE computer system.
HMRC have admitted that the changeover to the new system has brought to light some discrepancies in their records which have resulted in some incorrect coding notices being issued.
HMRC advise that three main situations may result in incorrect coding notices. Their updated guidance states that:
• a previous employment stopped some time ago but HMRC’s system has not picked this up and a Coding Notice has been sent for that employment
• two notices have been sent for the same employment
• the code BR (basic tax) or DO (higher rate tax) has been given for an employment or pension for the first time.
HMRC advise that they will try to correct as many of these discrepancies as possible well in advance of the new tax year.
Please do get in touch if you would like us to check your tax code.
Internet link: HMRC guidance
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( 3 / 5 )According to HMRC statistics a record number of taxpayers filed their Self Assessment tax returns online this year.
Apparently 6,429,899 people filed online by 31 January 2010 deadline. This number was three quarters of all returns submitted and was an increase of nearly 12% on the 2009 total of 5.8 million.
Financial Secretary to the Treasury, Stephen Timms said:
"More people than ever before are now filing their tax returns online. It’s easier, quicker and HMRC processes your return faster, so any money you’re owed is repaid more quickly. If you haven’t yet made the switch from paper to online, do so, and join the millions who are benefiting already."
Internet link: Press release
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