A female candidate has just been awarded £90K in compensation at a tribunal as a result of sex discrimination, after her job offer was withdrawn in November 2022.

Fong Fong Lee had been through two interviews for the role of Senior Marketing Manager at the London office of R&F Properties QS. A few days later before her start date, she was asked to attend a meeting with the Vice President of the company. At the meeting, she was asked the ages of her children and then six days later the company withdrew their job offer.

At the tribunal it was found that the Vice President would not have asked a man the question. The company’s lawyers stated that a ‘freeze on headcount’ had been implemented by managers in China but the tribunal judge supported the claim for sex discrimination and awarded her £91,597 in compensation.

To avoid this risk employers should:

Be clear with the requirements of the job, so that any candidate can decide if the role is suitable for any personal circumstances at the time of application
Apply consistency with the questions, to all candidates, using a standard framework
Ensure the questions are relevant to the job role, skills and responsibilities
Not ask questions related to a candidate’s personal circumstances
Retain records of all questions asked and responses provided when interviewing each candidate
Keep the details of any scores and comments for each candidate
Be mindful that these records could be viewed under a Subject Access Request and possibly challenged or used in a tribunal
Not make assumptions about a candidate’s possible personal circumstances and whether this could impact on their ability to perform the job

If your business needs help with recruitment or a policy, contact one of our experts today on 01483 362732 or hello@guildford-hr.co.uk for a free discovery call.