Employers can face claims arising from recruitment and selection. Mitigating this means designing and preparing the right interview and selection criteria. Having reviewed CVs, screened candidates and applied a skills assessment, a shortlist should be drawn up for interview. Interviews should be conducted by more than one person so that the selection process is more objective.

A job description and skills description should be formulated. Questions should be job-related and not used to find out personal information. Avoid discriminatory questions, such as those based on race, gender, religion, marital status, age, disability, sexual orientation or ethnic background. For this reason, keep asides to a minimum. There have been examples where side comments have been held to be discriminatory by the Equality Tribunal, with awards of up to of €12,697 made against the employer.

A scoring system should be designed and followed by each interviewer with the scores and any notes retained for a minimum of 12 months. It is important that the employer has the written evidence to justify why they selected one candidate over others as an unsuccessful candidate has the right to obtain details of their interview, including a copy of all interview notes.

When the successful candidate has been selected, references should be checked. The onus is on a prospective employer to be fair and thorough in its assessment of the views of referees. Under the Data Protection Act, a candidate's permission should be obtained to approach referees if they have not already expressly given their consent.

With permission obtained, it is advisable to conduct reference checks by telephone as opposed to writing, as referees tend to be more forthcoming in discussion than they are in a written reference. On receipt of satisfactory references, it is good practice to notify the candidate in writing that they have been selected and enclose a draft copy of the employment contract. The letter should also clearly set out if the offer is in any way conditional, such as the requirement of a medical examination or a work permit.

Oisín Scollard is a Barrister and Director of HR company Employment Clinic

www.employmentclinic.ie