KNOW YOUR RIGHTS

Michelle Bruce, associate at Buckles Law, explains how to navigate the job interview process legally and confidently

Whether you’re a clinical practitioner applying to a new clinic or transitioning into a managerial role, interviews can present moments where subtle bias, outdated assumptions, or even unlawful questions slip through the conversation.

For those working in aesthetic medicine, particularly women, who may disproportionately face intrusive questions or discriminatory practices, the law provides important safeguards that should not be overlooked.

WHAT CAN AND CAN’T BE ASKED?

Interview questions should focus solely on a candidate’s ability and willingness to carry out the role in question. That means employers are prohibited from asking about topics unrelated to job performance, including your marital status, childcare responsibilities, or plans to have children in the future.

While such questions might be dressed up as casual small talk, such as “Do you live locally?” or “Are you planning to start a family soon?” for example, they are not legally appropriate. In fact, they may reveal discriminatory thinking if they influence the hiring decision. If you’re pregnant at the time of an interview, you are under no obligation to disclose this.

The same principle applies to assumptions. For instance, that a mother of young children would be less committed or flexible. This is not just inappropriate, but also potentially unlawful.

Employers must not base decisions on stereotypical assumptions around gender, age, or family status. The legal test is whether the line of questioning is relevant to the essential requirements of the role. If it isn’t, it shouldn’t be asked.

DISCRIMINATION IN THE INTERVIEW PROCESS

Even before a job offer is made, legal protections apply. The Equality Act 2010 prohibits discrimination in recruitment, including the arrangements made for interviews, the terms on which employment is offered, or the decision not to offer employment at all.

If, for example, you are only offered an interview outside school hours and are unable to attend due to childcare commitments, and no alternative is provided, you may be able to argue that the recruitment process disadvantaged you in a way that amounts to indirect sex discrimination. Employers have a duty to take reasonable steps to avoid such disadvantage.

Claims for discrimination can arise even before a contract is signed. Where bias is suspected, whether explicit or inferred from the way the process is handled, it may be open to legal challenge. However, it is always wise to seek advice before taking formal steps, as many issues can also be resolved through constructive discussion or clarification.

TALKING ABOUT FLEXIBILITY

Asking about flexible working, such as adjusted hours or remote working, during the interview is entirely lawful and, in many cases, advisable. It helps both you and the employer assess whether the role is a good fit and whether expectations are aligned. 

Crucially, employers are not allowed to penalise you for raising such a request. If, for instance, you express interest in part-time hours or remote working and are subsequently denied the role for that reason, there may be grounds for a discrimination claim, especially if the refusal disproportionately affects women with caring responsibilities.

Having the conversation early in the process is often best, as it allows for transparency and enables both parties to explore workable arrangements from the outset. Do not feel you must hold back from discussing what you need to make the role sustainable and successful.

SALARY NEGOTIATIONS AND PAY EQUALITY

The Equality Act also provides robust protections when it comes to pay. You have a right to equal pay for equal work, meaning that if a male colleague is being paid more for doing the same or similar job, without justification, you may have a claim.

It’s important during salary negotiations to keep the conversation focused on your skills, qualifications and experience, not your previous pay history. Discussing past salaries can entrench pay disparities and, increasingly, employers are recognising that this is a flawed basis for setting future pay.

If you’re concerned about being offered a lower salary than a male counterpart, it may be appropriate to ask how the figure was calculated and whether the organisation has a transparent pay structure. These are legitimate questions, and employers should be willing to address them.