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BigginAgain
17th Jul 2006, 19:34
I have to interview some people for a post at my Unit next week.

The job itself is not the most challenging and I am potentially going to have a bit of a job choosing.

One thing that I am determined to avoid is the situation at other units (and on parts of my own) where the civvies congregate around the doorways smoking. Quite apart from looking crap, they stink and I also want someone who will be in the office for most of the time, as opposed to the brief periods between fag breaks that some people seem to manage.

Has anyone been in a similar position, and, given the already immense list of questions I am not allowed to ask, is it legitimate to:

1. Ask someone if they smoke?

2. Discriminate against those who do?

I wouldn't hesitate if it were my own company, but I know how insistent the CS can be when comes to getting the wrong people into jobs!

BA

movadinkampa747
17th Jul 2006, 19:37
What on earth has this go to do with the military forum. Just choose the blonde with the biggest T*ts:ugh:

PompeySailor
17th Jul 2006, 19:37
I have to interview some people for a post at my Unit next week.

The job itself is not the most challenging and I am potentially going to have a bit of a job choosing.

One thing that I am determined to avoid is the situation at other units (and on parts of my own) where the civvies congregate around the doorways smoking. Quite apart from looking crap, they stink and I also want someone who will be in the office for most of the time, as opposed to the brief periods between fag breaks that some people seem to manage.

Has anyone been in a similar position, and, given the already immense list of questions I am not allowed to ask, is it legitimate to:

1. Ask someone if they smoke?

2. Discriminate against those who do?

I wouldn't hesitate if it were my own company, but I know how insistent the CS can be when comes to getting the wrong people into jobs!

BA

You can't ask, and you can't stop them. However, look for the tell-tale signs/smells - if in doubt, don't take them.

However, bearing in mind the massive "stop smoking" campaigns that currently run in the Forces, it would be lovely if First Sea Lord would obey the chuffing "no smoking" rules that the rest of us do and stop lighting up in the offices that he visits! Bloody filthy cigar smoker as well - not sure how he currently squares that with RN smoking policy.......!

BigginAgain
17th Jul 2006, 19:42
movadinkampa747:
What on earth has this go to do with the military forum.

The job is in a military organisation - just wondered if anyone in light blue (or other mil) had any direct experience.

BA

Bo Nalls
17th Jul 2006, 19:44
Current employment legislation discrimination claims can only be brought on grounds of sex, race, disability, sexual orientation or religious belief. There are no laws that directly prohibit discrimination against smokers and there is nothing to prevent employers from refusing to recruit smokers.
Does addiction to nicotine count as a disability under the Disability Discrimination Act? Because this addiction to nicotine is considered to be self-inflicted, there is no protection for smokers under this Act. A smoker who's job application was rejected could only claim disability discrimination if they had other health problems associated with smoking, such as lung or heart disease and that was why their application had been turned down.

Taken from this site (http://gml.chamberofcommerce.co.uk/main/?DOCID=430)

I also agree with M747s second comment :D :D

MReyn24050
17th Jul 2006, 19:50
I have to interview some people for a post at my Unit next week.
The job itself is not the most challenging and I am potentially going to have a bit of a job choosing.
One thing that I am determined to avoid is the situation at other units (and on parts of my own) where the civvies congregate around the doorways smoking. Quite apart from looking crap, they stink and I also want someone who will be in the office for most of the time, as opposed to the brief periods between fag breaks that some people seem to manage.
Has anyone been in a similar position, and, given the already immense list of questions I am not allowed to ask, is it legitimate to:
1. Ask someone if they smoke?
2. Discriminate against those who do?
I wouldn't hesitate if it were my own company, but I know how insistent the CS can be when comes to getting the wrong people into jobs!
BA
It is not clear if you are a member of HM Forces or a Contractor. I am very surprised that you have been asked to interview a candidate for a Civil service post,as is indicated by this post, without having taken part in a course to prepare you for such an undertaking. If this is the case then I am sure should the candidate discover this he would soon be submitting a request for investigation into a grievance.

BigginAgain
17th Jul 2006, 19:58
MReyn24050

I am a member of HM Forces. The rules require only one member of the interviewing panel to have been formally trained. I will not be conducting the interviews alone, but in any case, will undertake an appropriate trg course before the interview.

Not that this has any relevance to the original specific questions.;)

Incidentally, what makes you lot think I have any interest in bra size? Talk about sexist!

BA

vecvechookattack
17th Jul 2006, 20:01
Have you completed the selection and interviewing course run b Learning direct. If not then I don't think you arev allowed to conduct interviews or selections. This process is very strictly controlled nowadays and the questioning has to be spot on. Youre not even allowed to ask if a person is married or not... Be careful.

You mention that you will not be conducting the interview...well, as far as I understood from the course, youre not allowed to be there.

As for asking a person if the smoke or not, that is definately OFF the qusetion list. It has no relevance to the post and so therefore CANNOT be asked.

movadinkampa747
17th Jul 2006, 20:10
MReyn24050

Incidentally, what makes you lot think I have any interest in bra size? Talk about sexist!
BA

Yes you are quite right. You did however mention fag breaks in your original post so bra's are off the question list then.

Chinny Crewman
17th Jul 2006, 20:13
Incidentally, what makes you lot think I have any interest in bra size?
Obviously a leg man then!

Mr C Hinecap
17th Jul 2006, 20:42
I hope you've got one or two more questions up your sleeve - otherwise you'll be rather a bad advert for the RAF with that incisive questioning technique. It might be worth having a chat with someone on the stn who has interviewed civvies before - the MTO might be a good start as there are always civvie drivers around.

BigginAgain
17th Jul 2006, 21:20
MTO? Is that the guy who runs the MT yard for SerCo? Used to be a corporal MT driver, but now can't seem to produce a vehicle without 2-wks notice?

Perhaps I should have asked the question differently:

I am a 26-yr old civil servant. I am, by my own high standards, gorgeous, with long blonde hair and massive t1ts.

I recently went for an interview at this military place. It was only for an E2 admin post, so I was more than qualified. Anyway, I went in and they asked all the standard questions: what experience did I have, why did I want to work there, what were my long-term goals blah blah blah. I was doing pretty well and then, can you believe it, one of the 2 women interviewing asked if I smoked? I asked whether this was an issue, and they said they wanted someone who was able to be left on phone watch for an hour without a break. Also, there aren't any smoking facilities at this place.

Anyway, I told them I smoked, but only 20 a day.

I didn't get the job. How unfair is that?

BA

airborne_artist
17th Jul 2006, 21:24
The last time I looked at employment law (which I use daily) - it was perfectly in order to discriminate on anything other than disability, race, religion, gender and sexual orientation. Age is covered wef 1.10.06.

So long as you ask all candidates the question, you should be in the clear. I'm sure that the Civil Service employment advisor would say otherwise to protect their @rse, but have a go.

I'd suggest you check with the CIPD at www.cipd.co.uk

"The Health Bill will require employers to make all substantially enclosed workplaces smoke-free from summer 2007. Any person who is concerned in the management of smokefree premises has a duty to prevent smoking there and may be guilty of an offence if they fail to comply with that duty."

TheInquisitor
18th Jul 2006, 02:57
You can ask any question you want when interviewing, as long as you don't illegally discriminate in the hiring process, but I'm sure some self-important equality-police CS would tell you different, as AA suggested above. There is a plethora of individuals out there who go around making up 'rules' that don't actually exist in an attempt to enhance their percieved 'equality' / 'diversity' credentials - I know, I have worked with a few in a role I fulfilled outside the service, (which involved interviewing prospective employees, among many other things) and in almost all circumstances, I discovered they were talking b****cks (and told them as much, after the fact).

BEagle
18th Jul 2006, 04:53
"If you are a smoker, you will be permitted a 'smoke break' of 5 minutes every 4 hours. But you are only permitted to smoke at least 200 yards from any building"

"34C at a guess?"

FJJP
18th Jul 2006, 06:18
There is no legal requirement for someone conducting an interview to have undergone any formal training.

You CAN ask about smoking and you CAN refuse to employ a smoker. Even easier if you mention no smoking in the advert for the post.

If you list essential and desirable criteria that the candidate has to meet, you can always argue the case, under the desirable criteria, for the candidate of your choice. And if 'non-smoker' is listed under essential criteria, then you don't even have to interview [provided you don't breach disability discrimination laws].

It's a minefield out here....

Pontius Navigator
18th Jul 2006, 07:00
You CAN ask about smoking and you CAN refuse to employ a smoker. Even easier if you mention no smoking in the advert for the post.

If you list essential and desirable criteria that the candidate has to meet, you can always argue the case, under the desirable criteria, for the candidate of your choice. And if 'non-smoker' is listed under essential criteria, then you don't even have to interview [provided you don't breach disability discrimination laws].

It's a minefield out here....

Good advice. I recall a case recently where a woman was employed by a firm with a states no-smoking policy. On day one they found her smoking off the premises. She was summaraily dismissed.

The appeal tribunal found against her on the grounds that the employment was specifically for a non-smoker.

Given that the MOD will be introducing swinging no smoking rules in the next few months at the very least you should draw their attention to this.

AFAIK there is no requirement to provide a smoking rule and there is nothing in the rules to stop you imposing smoking zones, and around the entrance is not one of them. I have banned smoking and I have not provided a smoking room. IDC smoking will be banned in all authority vehicles and within the site.




On a secret base near here the peole with the money built a bike-shed never seen a bike in there just lots of s***k**s. Whenever I needed to see someone there the Bike Shed was first port of call.

admin erk
19th Jul 2006, 07:18
Dont be mislead by those who assume general employment law is all that governs the public sector - Civil Service rules on fair and open competition are much tighter. Beyond that the MOD selection system (as you will discover when you undertake the selection interviewing course) is competency-based and does not permit questions derived from personal prejudice. I'm afraid you won't find the ability to smoke or not to smoke within any of the core competencies, nor so far as I am aware (no, I don't have them all off by heart - only most!) within any of the functional competencies. So the question is definitely a non-starter. Now, if you had wished to discriminate against coffee drinkers it might have been an entirely different story ...

airborne_artist
19th Jul 2006, 07:32
Pontius Navigator wrote:the MOD will be introducing swinging

Did you take part in the trials:E

whiz
19th Jul 2006, 10:52
If you cant already tell by the foul stench that smokers always emit :ooh: then you could be a little more subtle and ask if they are aware of the 'smoking policy' operated at your place of work. Their answer would surely confirm whether they smoked or not and your decision is an easy one :ok:

airborne_artist
19th Jul 2006, 11:01
How about asking them if they will need to take breaks other than for the loo?