Settlement pay-out due to discriminatory question at interview
Released On 26th Aug 2022
A job applicant (JM) applied for the role of delivery driver at a Domino’s Pizza branch in Northern Ireland. Surprisingly at interview, the very first question JM was asked was about her age. Following this, the interviewer wrote down the number (and circled it) and said JM did not look her age. The outcome of the interview process was that JM was not offered the job. Having reflected on the process, JM felt that the reason she had not be offered the job was due to age discrimination. Her first step was to contact the Domino’s store to communicate this concern. The store’s response was to openly admit they didn’t know it was not appropriate to ask an applicant’s age at interview. JM decided to bring a claim for discrimination, which ultimately settled for £4,250 and an apology. Domino’s has since released a statement advising that the franchisee has left “in unrelated circumstances” and the store is now under new management.
This case is a helpful reminder to ensure that anyone involved in the recruitment and selection process is clear which questions are acceptable and that the discrimination provisions extend to include job applicants. Although this case took place in Northern Ireland, the relevant age discrimination provisions are similar to England and Wales. Under the Equality Act 2010, it is unlawful to discriminate against a job applicant due to age.
In light of the above, we recommend the following steps:
- Ensure that anyone involved in the recruitment and selection process has received adequate diversity training. It is helpful to keep track of when this has taken place and provide refresher and updated training as appropriate.
- Consider a review process for new interviewers to ensure interview questions focus on relevant matters such as experience and skills without being discriminatory.
- Where feedback is provided to a job applicant, ensure this has been reviewed and provided by the appropriate person.
- Review the recruitment process more widely to ensure other stages of the process such as the advertising of the role and any application forms are not potentially discriminatory.
If you would like any assistance or guidance on any of the issues discussed, please feel free to contact the team
