Discriminating against a brexiteer Discriminating against a brexiteer
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  1. #1

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    Default Discriminating against a brexiteer

    If during an interview a candidate was asked about their views on Brexit would this be a problem legally?

    The scenario being proposed is that a supporter of Brexit clearly lacks the commercial vision and intellect to hold the post being interviewed for.

    The Equality Act 2010 covers religious belief.
    https://www.harpermacleod.co.uk/hm-i...lity-act-2010/
    That article talks about philosophical beliefs, and many people may consider their irrational hatred of the EU a philosophy of sorts. But it doesn't seem to really settle it. And also being a (presumably) trade union funded unfair dismissal tribunal it still doesn't match discrimination at interview.

    I suppose the question is whether it's a fair and legal question at interview?

    And this isn't general so please stick to the legal question.
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  2. #2

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    Quote Originally Posted by Lance View Post
    If during an interview a candidate was asked about their views on Brexit would this be a problem legally?

    The scenario being proposed is that a supporter of Brexit clearly lacks the commercial vision and intellect to hold the post being interviewed for.

    The Equality Act 2010 covers religious belief.
    https://www.harpermacleod.co.uk/hm-i...lity-act-2010/
    That article talks about philosophical beliefs, and many people may consider their irrational hatred of the EU a philosophy of sorts. But it doesn't seem to really settle it. And also being a (presumably) trade union funded unfair dismissal tribunal it still doesn't match discrimination at interview.

    I suppose the question is whether it's a fair and legal question at interview?

    And this isn't general so please stick to the legal question.
    Are you serious!!!

  3. #3

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    Quote Originally Posted by Bee View Post
    Are you serious!!!
    Actually. Yes.
    Need a reason to shortlist some candidates in the near future. Seems like as good as a test as any. Is it legal (no don't answer that Bee )?
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    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by Lance View Post
    Actually. Yes.
    Need a reason to shortlist some candidates in the near future. Seems like as good as a test as any. Is it legal (no don't answer that Bee )?
    If it could be proven that the role would require positive thinking on a pan-European business level, then the candidates would have to be able to prove their capability.

    Would your first choice for interview at a butcher be a vegan?
    Would a rectal surgeon be the best one to treat tennis elbow? Would a brexiter know the difference?
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    Quote Originally Posted by Lance View Post
    Actually. Yes.
    Need a reason to shortlist some candidates in the near future. Seems like as good as a test as any. Is it legal (no don't answer that Bee )?
    Yes it's legal.

    But of course you should also be able to ask if one is a Remoaner, on the basis they are not only terminally blind but also have no belief in reality.
    Blog? What blog...?

  6. #6

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    Quote Originally Posted by WTFH View Post
    If it could be proven that the role would require positive thinking on a pan-European business level, then the candidates would have to be able to prove their capability.

    Would your first choice for interview at a butcher be a vegan?
    Would a rectal surgeon be the best one to treat tennis elbow? Would a brexiter know the difference?
    The role will be London based providing services across the EU?
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  7. #7

    Prof Cunning @ Oxford Uni

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    So they need to be someone who can (and are happy to) legally work in the EU.
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    Quote Originally Posted by WTFH View Post
    So they need to be someone who can (and are happy to) legally work in the EU.
    I think I can finesse that question in such a way as to achieve the result I want.
    Thanks.
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  9. #9

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    Taking your question 100% seriously and answering as a non-lawyer...

    Discrimination has become a nasty word, but in reality picking one potential recruit over another because they have better qualifications/experience is discriminating, but it's completely legal discrimination (and of course makes good sense).

    See here for stuff it's illegal to discriminate based on.

    I don't see that being pro/against Brexit is religious...and I think it would be tenuous to argue it's based on nationality. Therefore my personal view is that discriminating on the basis of Brexit views would be perfectly legal.

    Whether it's sensible or not is another matter...you can legally discriminate against someone because you don't like the colour of the top they wear, but it's unlikely to be a great way to decide on the best candidate.

  10. #10

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    Thanks Maslins.
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