Employee, what to do?
Discussion
edc said:
There are a lot of potential pitfalls in the scenario you just described. You will do well to assume the worst that she may make a claim for sex discrimination and to seek some proper advice.
List the pitfalls if possible ?I have not responded yet, but i am thinking of allowing her to be considered
Some of the things you would need to consider:
- how, where and when you advertise the role?
- will you contact her directly with the job and application details?
- what is the interview/selection process?
- should she not be chosen what objective evidence can you show that she was not the right person and that another was better?
- how will you deal with any potential flexible working request?
- how, where and when you advertise the role?
- will you contact her directly with the job and application details?
- what is the interview/selection process?
- should she not be chosen what objective evidence can you show that she was not the right person and that another was better?
- how will you deal with any potential flexible working request?
1) Is there any reason why she wouldn't be considered if she weren't on maternity leave (is being on leave the only reason you wouldn't interview her).
2) Is there any reason you can envisage why she would not be offered the job (a possible defence against a claim that the reason she didn't get the job is because she is on maternity leave).
If she is a stand-out candidate then you could have a problem if she doesn't get it. If she is one of many, maybe it's not an issue.
2) Is there any reason you can envisage why she would not be offered the job (a possible defence against a claim that the reason she didn't get the job is because she is on maternity leave).
If she is a stand-out candidate then you could have a problem if she doesn't get it. If she is one of many, maybe it's not an issue.
typer0612 said:
List the pitfalls if possible ?
I have not responded yet, but i am thinking of allowing her to be considered
Run an open process, allow her to apply, consider all the candidates and appoint the one who most closely matches the skills and abilities you need in the role. I have not responded yet, but i am thinking of allowing her to be considered
document everything, what questions you are going to ask, make sure there is true objectivity and then appoint the best person.
The easiest way to avoid any legal claim, is simply to run a fair process. If she is the best candidate, give her the job....you could I am sure find someone to manage the role in the short term until she comes back.
Gargamel said:
Run an open process, allow her to apply, consider all the candidates and appoint the one who most closely matches the skills and abilities you need in the role.
document everything, what questions you are going to ask, make sure there is true objectivity and then appoint the best person.
The easiest way to avoid any legal claim, is simply to run a fair process. If she is the best candidate, give her the job....you could I am sure find someone to manage the role in the short term until she comes back.
This 100%document everything, what questions you are going to ask, make sure there is true objectivity and then appoint the best person.
The easiest way to avoid any legal claim, is simply to run a fair process. If she is the best candidate, give her the job....you could I am sure find someone to manage the role in the short term until she comes back.
Has the role even been advertised yet?
As aluded to above this has the potential to go wrong so ensure you are squeaky clean.
As far as I see it the possible outcomes are
a) She is the best candidate and is due back soon so can start the job as normal
b) As above but you will need to arrange interim cover, if this really isn't possible/plausible tread very very carefuly. i.e. seek proper advice.
c) She isn't the best candidate, treat as normal, however ensure you have conducted a fair and documented selection process in case she decides to play some sort of discrimination card.
As far as I see it the possible outcomes are
a) She is the best candidate and is due back soon so can start the job as normal
b) As above but you will need to arrange interim cover, if this really isn't possible/plausible tread very very carefuly. i.e. seek proper advice.
c) She isn't the best candidate, treat as normal, however ensure you have conducted a fair and documented selection process in case she decides to play some sort of discrimination card.
Including her in an open process is technically the right thing to do. However, it has some pitfalls.
If she fails that process and you end up hiring someone else, you could end up with a disgruntled employee and one who is resentful to their new manager creating an added situation that you'll need to manage.
If you give her a shot without going through an open process then you may save a lot of time and money but you may not get the best person for the role.
It's an awkward one and one of those situations I'd suggest you need to follow your gut feel on.
If she fails that process and you end up hiring someone else, you could end up with a disgruntled employee and one who is resentful to their new manager creating an added situation that you'll need to manage.
If you give her a shot without going through an open process then you may save a lot of time and money but you may not get the best person for the role.
It's an awkward one and one of those situations I'd suggest you need to follow your gut feel on.
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