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legality of interview panel

  • 29-05-2011 8:00pm
    #1
    racso1975
    Registered Users, Registered Users 2 Posts: 5,273 ✭✭✭


    If the essential requirements for a position states 3 years min management experience and your on an interview board where 4 people will be coming for interview and only 1 has this essential requirement.

    Can you refuse to progress with the interviews due to:

    1)the 3 others not meeting the essential requirements and if one of them were to get the job the 4 person witht the experience could win a case in court hands down???

    2) If one was to refuse to sit on the panel, highlighting my concerns and given the interviews are in the morning can they still go ahaead


Comments

  • #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    racso1975 wrote: »
    If the essential requirements for a position states 3 years min management experience and your on an interview board where 4 people will be coming for interview and only 1 has this essential requirement.

    Can you refuse to progress with the interviews due to:

    1)the 3 others not meeting the essential requirements and if one of them were to get the job the 4 person witht the experience could win a case in court hands down???

    2) If one was to refuse to sit on the panel, highlighting my concerns and given the interviews are in the morning can they still go ahaead

    Not imo, it's like a job spec that states "Must have a 3rd level degree" but candidates can be chosen based on experience rather than a degree.


  • #3
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    I think it's generally understood that the job advertisement is not legally binding. It's there to filter down the list of people who apply for a job. The employment contract is only signed after the interview. The employer could argue that they changed the job spec because they found a person more suited to the company.

    You're probably right though, it's not a good idea to call something an essential requirement when they are willing to recruit people without the requirement.

    But the person who didn't get the job would need to prove they fulfilled all requirements of the job spec, and also that the person hired instead of them was not sufficiently experienced - they won't have access to this information.


  • #4
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    It would be a sad day if this type of thing was explicitly set out in law.

    I also think it would be short-sighted and borderline petty to refuse to interview the other candidates.


  • #5
    Nijmegen
    Registered Users, Registered Users 2 Posts: 3,086 ✭✭✭Nijmegen


    I wouldn't hire a candidate who thought he knew how to run the interviews...

    A job description is a general catch all. It's like dating. When you actually meet the people, they can redefine your expectations based on things you didn't know to look for, that they carry with them.

    You don't tick every box, and sometimes you tick boxes you didn't know were there.


  • #6
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    The only situation where I'd see this being a problem is if it's a public sector recruitment where it's case of mediocracy with a box ticking exercise. Otherwise established practice in the private sector is that you interview each candidate based on their individual merits and pick the person you think is the best candidate. You could decide one candidate didn't suit and ask them to leave after five minutes despite interviewing all the others for an hour. You could pursue completely different lines of questioning with each candidate. The only way you're likely to get in any trouble is by discriminating on the grounds defined in the employment equality acts.

    OP, I think that you mean that you're on the panel and not an interview candidate. Unless it's public sector worrying about covering your ass and interview the people.


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  • #7
    Mr. Loverman
    Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    racso1975 wrote: »
    If the essential requirements for a position states 3 years min management experience and your on an interview board where 4 people will be coming for interview and only 1 has this essential requirement.

    Can you refuse to progress with the interviews due to:

    1)the 3 others not meeting the essential requirements and if one of them were to get the job the 4 person witht the experience could win a case in court hands down???

    2) If one was to refuse to sit on the panel, highlighting my concerns and given the interviews are in the morning can they still go ahaead

    Is this a position with a private or public entity?


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