Sept 2011 - Issue 6 - National Federation of Fish Friers

THE fish friers REVIEW
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Peninsula: Tighter
restrictions on employing
overseas students
When I give interviews I am very concerned about what questions I can and can’t ask in regards to an interviewee’s medical condition and state of health.
What medical areas am I obliged to avoid?
Until October 2010, there were no restrictions on the questions that you could ask at an interview regarding a job applicant’s health. However, that all changed
with the advent of the Equality Act 2010 and employers now find themselves in the situation that it is only after they have already offered someone a job that they
can ask a job applicant about the state of their health. Therefore you should not ask a job applicant questions about all medical areas until a job has been offered.
This will include, for example, questions like:
Have you had problems with your back in the last couple of years?
Do you have arthritis?
How many days of sickness absence have you had in the last year?
Have you ever suffered from depression?
NATIONAL FEDERATION OF FISH FRIERS
The restriction also covers written health questionnaires. Many employers have used general health questionnaires to find out about an applicant’s medical history,
and have automatically sent the questionnaire out with the application form with instructions for it to be completed and sent back with the application form. The
recruitment decision made for the particular job may then have been influenced by the information on the health questionnaire and it is possible that people
would have been denied an interview because of their health, when otherwise they may have been the ideal candidate. Any health information gathered when
talking to the applicant at interview stage may also have impacted upon the decision.
The Government realised that this was a hindrance to disabled people getting into the workplace so, in the Equality Act, reframed the law by highlighting these
particular practices and severely restricting their continuation. The aim was to remove, as much as was practical, the factor of health from the decision making
process, making the employer instead focus on the skills and qualifications of the applicant.
Employers that ask health questions too early could be found to have directly discriminated against a disabled candidate. Although the act alone of asking questions
before a job offer is made is not unlawful and cannot land you with a potential claim, the risk with asking health questions comes when the job applicant asserts
that they were rejected for the job because of the information you obtained by asking the questions. The burden of proof would lie with you at tribunal to show
that, although you asked those questions, there was another non-discriminatory reason why you did not choose that person i.e. another applicant scored better
against skills criteria. This reflects just how important it is to create a paper trail of your decisions. Remember, it is not just employees who can make a claim of
discrimination against you, but job applicants too.
Against the backdrop of the general restriction of asking health questions are a number of exemptions where the Government realise that employers may need
to be aware of an applicant’s disability before they have made the recruitment decision.
You are permitted to ask applicants whether they require any special access arrangements in order that they can attend an interview. Similarly, you can ask
questions to find out if a person (whether they are a disabled person or not) can take part in an assessment as part of the recruitment process, including questions
about reasonable adjustments for this purpose.
Health questions are also acceptable in order establish a person’s ability to carry out a function that is intrinsic to that job. For example, if you are recruiting for
an electrician, it would be permitted to ask if they were colour blind, or if a job required the climbing of ladders, you could ask whether there was anything
hindering the person from doing so. Where a specific impairment is required for a job, e.g. an employer wants to recruit a Deafblind project worker who has
personal experience of Deafblindness, this is an occupational requirement and the employer is permitted to ask an applicant whether they are Deafblind.
Questions regarding anonymous disability monitoring may still be asked and where the question is being asked to ensure that an applicant who is a disabled
person can benefit from any measures aimed at improving disabled people’s employment rates. Where a question is required for the purposes of national security,
it will also be permitted.
You are able to offer a job offer conditional on a satisfactory health assessment, in the same way as offers are made conditional on satisfactory references and/or
CRB checks. However, where a job offer is made and then a health issue is identified that shows the employee is not capable of doing the job, you must first deal
with the issue of any reasonable adjustments that can be made to the workplace before withdrawing the job offer.
For more information on interview questions or for any other H&S or employment law queries please contact Peninsula’s 24/7 Advice Service on 0844
892 2772 quoting your NFFF membership number. PENINSULA IS A KEY, FREE OF CHARGE BENEFIT FOR ALL NFFF MEMBERS, SO BE SURE TO MAKE
GOOD USE WHEN NEEDED!
Est.
1913
Meet the EC: John Wild
FFR: How long have you been in the Fish and Chip trade
and what prompted you to start frying?
JW: Purely by accident, we were looking to buy a small hotel
or B & B but the figures weren’t stacking up, we bought a fish
& chip shop instead and we've never looked back!
Can you tell us a bit about your shop(s) and your location?
We run Tarnbrook Chippy in Heysham, Morecambe Bay. This
is our second shop and it’s a small lock up on a council estate,
but with lots of potential as we have a lot of chimney pots
around us. The shop was closed for about 6 years before we
bought it, so we have gutted it and finished it off to a very
contemporary style.
What have been your proudest achievements so far since
entering the trade?
Joining the Executive Council, and being privileged to work
alongside some industry greats like Richard Ord, Tracy Poskitt
and Mark Drummond to name but a few.
And what have been your biggest challenges?
Trying to deal with the Local Authority Planning Department!
I’ve been prosecuted by them for not getting permission for
signage at my last shop and then dealing with the same officer
trying to get some ducting on the outside wall of my new
shop. It was like pulling teeth!
Issue 6 September 2011
In this issue we catch with Executive Councillor John Wild. Covering
the North West, John is a true fish and chip purist, keen to promote
the values of working together as an industry.
What do you like most about working in this trade?
Without a doubt, meeting and greeting customers and having
the crack with them!
What are your future plans for your business and are there
any areas you would like to explore such as different
products or takeaways for example?
Business is going from strength to strength, I stay with the
fish and chip concept, no kebabs or pizzas for me, but the
shop has been kitted out with a large chrome griddle and a
large commercial oven, so eventually I'll be putting on a
breakfast menu. In the long term, a new nuclear power station
is scheduled to be built near my shop in the next few years,
so that would be a good time to sell!
Where do you see our Industry heading and do you have an
opinion on how it can grow and keep ahead of the competition
from other high street food outlets, supermarkets, pubs etc?
Obviously we are been hit by other forms of takeaways and
fast food outlets opening all the time, but as long as we all stay
focused by putting out the best food we can, I think quality
and attention to detail will always come through.
As an NFFF Executive councillor, do you have any specific
plans for working with members in your area?
As everyone knows I am an active member of Burnley Fish
Friers, where our pool of knowledge is second to none. I can
say here that anyone who wants to speak to me can contact
me on my shop telephone number 01524 552211 or my
mobile 07792 216 353.
Do you have a message for the members and the trade in
general?
Mainly to the trade - we have a great product, but we must
stick and work together, and show a united front to the
public. Remember our advantage is that we have strength in
numbers, which is our biggest asset
Lastly, with the fish frying trade being such a busy one, how
do you like to relax when you get a day off?
Either lying in my hot tub smoking a good cigar, or taking my
dog out on the local canal or on the shore, with you've
guessed it, a good cigar!
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