Employment application form - are these questions legal?

wontfallforit

farmerboy wrote: »

!!!!!!, I can't see any problem in asking for your age/date of birth/married/not/kids ect. Most places I have applied to have asked this, and I think that alot see that you being married and having kids means you have serious financial commitments that mean you won't walk out on a whim.

I don't personally object to anyone asking my age - though it's not common practice now. Reason being, because I'm too old to be considered too young for a job, and too young to be considered too old for a job At 25, I have around 20+ years before I need to start worrying about my age in the workplace!

Marital status and parent status are another matter, though, especially as a childbearing-age female. Young women who have the potential to have children, or who already have children can be seen as a threat to workplace operations, due to maternity leave, childcare, etc., etc.

Even in 21st century Britain, it's still usually the mother who stays away from work for child-related purposes, and naturally, employers don't like that. There is the alternative argument that a parent could be viewed as more responsible, have more life skills, and be more committed to the job (for obvious financial reasons), but unfortunately, I think if any viewpoint is taken into account, it's usually the dread of an impending maternity leave scenario.

Employers and employees need to strike a proper balance. Many women (+ responsible fathers) need to work, and need to take some time off for the children when necessary (i.e. following birth, and when seriously ill). What parents don't necessarily need, though, is half a dozen periods of maternity leave (+ additional child-related leave) within, say, one decade.

If one intends to work and have children at the same time, I don't see a problem whatsoever. But if one wants to work and bring up a large family, and has inefficient childcare + family support system, they should perhaps think twice about the burden they place on their employer.

Neither party is without blame. A significant minority of parents call in their parental 'rights' far too often, whilst far too many employers are afraid of taking on new/prospective parents.

Kirri

pelirocco wrote: »

I have just had to end someone employment at the end of their probation period . Had to run it through HR , they asked me his age , nationality , whether he was disabled , and if he was homosexual ! ...........this is to avoid claims of unfair dismissal , .the ability to do the job seems to be irrelevent ( insert roll eyes smiley ) !

Would they even know the sexual orientation in the first place though?!! Not something I usually share with employer!

I was thinking that in this case, they don't actually ask about any skills on this form...

pelirocco

Kirri wrote: »

Would they even know the sexual orientation in the first place though?!! Not something I usually share with employer!

I was thinking that in this case, they don't actually ask about any skills on this form...

It makes you wonder doesnt it !

solodanceparty

Oldernotwiser wrote: »

People who smoke frequently expect to get smoking breaks and often smell strongly of tobacco, making it very unpleasant for co workers and the public.

Iwork with some people who are out on a smoke break every hour.

Mr.Mulla

Kirri wrote: »

I have received an application form and am surprised to see the following questions on it (it is for an office job)


Date of birth/marital status/children/nationality - is it legal to ask these, I thought age was an iffy topic these days?

Do you smoke - again is this legal? I don't smoke but that's not the point..

IMO, Yes. There is nothing wrong with those questions. Some companies do really ask for your birthday or marital status or if you have children. Company policy maybe? Asking those questions doesn't mean they are discriminating you.

With regards to the smoking question, I guess there are some companies who are smoke-free so there should probably be a reason though.

Innerapple

farmerboy wrote: »

... having kids means you have serious financial commitments that mean you won't walk out on a whim.

This idea drives me crazy! The Manager I work for at the moment is always going on about my colleagues with children as if they're more important than those without. He allows them much more leeway, and they aren't expected to put in the same quantity of (unpaid) overtime.

I've chosen not to have children but i know it's not always a choice and it angers me when people with children get preferential treatment. Having to specify on an application form if you have children surely shouldn't impact on your job.

I have nothing against people with children, of course, I just disagree with unfair policies!

bendix

Kirri wrote: »

Well that is different in that you get different amounts if you are single/married/have kids/age - so you are not going to get discriminated against if you do have kids etc but in employment it is possible!

There are all sorts of reasons why this is important information for an employer and it is NOT illegal.

For example, your marital status and children will affect the taxes that your employer deduct - your allowances are affected by these.

If they provide a pension (as all employers will be obliged to do soon), then your age is relevant. If they provide health insurance, then your smoking status is important.

Dont sweat the small stuff - it's not a huge conspiracy to get at you.

brenda010

intresting to know that a lot of employers will target thier advertising of a job at ethnic minorties if they feel they havnt enough ethnic variety in the work place and it is legal however if they targeted thier advertising at british people in a british workplace this is illegal. i know of people in ethnic minoroties that will send 2 applications for a job 1 from themselves and 1 identicle application but from an ethnic minority and if they get a reply from the british 1 but not the ethnic minority then they sue the company and people make a living doing this.

mrcow

Kirri wrote: »

Would they even know the sexual orientation in the first place though?!! Not something I usually share with employer!

I was thinking that in this case, they don't actually ask about any skills on this form...

If someone asked me my sexual orientation I would immediately reply asking them if they wanted to know because they were after a date.

I always offer information of my sex, age and my children freely. They are what make me who I am and I am proud of it. In my opinion my qualifications, experience and attitude set me apart from other applicants and my experiences as a parent have only added to my maturity and reliabilty.

Anyone who would negatively discriminate against me because I'm a 30 something mum is an idiot. I wouldn't want to work with someone like that anyway - I'd probably only end up having to make up for their idiotic incompetencies along the way.

mrcow

bendix wrote: »

For example, your marital status and children will affect the taxes that your employer deduct - your allowances are affected by these.

Which allowances are these of which you speak?