Prospective Employer's Question - do I have to answer?

[tell-me-more]

Can a prospective employer ask if I have outside commitments such as being a JP, councillor or TA member which could limit my working hours?

[tell-me-more]

It's a written question to be filled in before interview. My understanding was that employers were not allowed to discriminate against people in the basis of whether or not they were a JP for example. I've never heard of anyone being asked about these sort of commitments before, so wondered if employers were allowed to ask. I know there are some things employers are not allowed to ask about.

[baileybird]

I should hope they are allowed to and if not they should be! Businesses have to consider whether or not it is feasible and cost effective to employ someone who is not able to be there when expected. How else can they make sure they are fully staffed?

It is far better to be honest than to mislead from the outset - they may well be able to accomodate it but if you deceive or withold information on application you could find yourself in trouble.

However you could well be right - check with CAB before returning it to possible employer.

[terambulan]

If you dont reveal 'other commitments' to your employer then he doesn't have to honour them.

[tell-me-more]

I actually don't have those commitments, but being a JP (magistrate) for example is a public service (unpaid).

I appreciate your point baileybird, but at the same time, if all JPs had to declare it beforehand I imagine they would suffer discrimination which also seems unfair.

[baileybird]

my dad is a magistrate - They do get paid to do sessions by the magistrates court at the same rate that they would earn with their employers (plus very lavish expenses) but the problem lies with what happens when they are removed from their places of employment - how do you cover the loss/shortage of staff ? Not very fair on other members of staff and ***** up holiday rotas I can tell you!

It's fine if people are considerate but why should private businesses suffer - not an easy thing to cover in the current economic climate.

I appreciate your point of view too!!

[baileybird]

apologies - i think i have used a banned word - it wasn't rude honest - sorry again.

[annie0000]

Does the question specifically mention the affect on working hours? I could see that they could ask this in a positive way, because it shows comittment and responsibility which are good indicators that the person would make a good employee.

[tell-me-more]

I believe magistrates are actually paid only by any employer they have, with the _employer_ able to claim back pay which they have to give on days when the magistrate is on leave for public service. My point is they're not paid extra for being a magistrate, although I accept they may get extra paid leave in addition to annual leave etc.

[tell-me-more]

The question does specifically mention working hours, yes.

I'm sure employers have to make reasonable allowances for magistrates etc. to carry out public service, and I think the definition of reasonableness takes into account the size of company etc. but it makes me a little uneasy that a company is asking in the manner that this company has. I'm not sure how to read the question, why they're asking. As mentioned, it could just be a case of them trying to work out how they'd cope rather than trying to avoid employing someone with public service commitments.

Very interested to know if any magistrates have been asked before. I know I haven't, and I know a senior magistrate who also hasn't been asked.