Unfair interview

[Mr Macintosh]

After applying for an internal post I was provided with an interview (two applicants altogether). I was the first applicant to walk in for the interview. Interview letter states that the interview format will be in two parts. Part 1: Interview 30 – 45 minutes - Part 2: Presentation 15 minutes.

I completed both parts of the interview within the specified time limits. The other applicant who walked in after me only spent 20 – 25 minutes for the whole length of the interview and admitted that he didn’t do the presentation part as he didn't have time to prepare one.

When I was called in once again I was told that I had not being successful as they did find my knowledge superb, but it was most of the time theory based. I dismissed their decision and requested a full summary of my interview report, which they agreed to provide me with.

Interview panel consisted 3 individual and one of them was an independent interviewer, as my organisation has to follow strict community care guidelines as a registered charity.

The one who was sitting on the panel as an independent interviewer currently works in another organisation but he used to work in our organisation for less than 5 years ago.

I need some help with these two issues:

1. I can understand the fact that I didn’t satisfy them but how comes the job was offered to the one who completed the first part earlier than specified minimum time and never made it through for the second part (evidently).

2. Could I also challenge them on the issue that I used to work with the independent interviewer in the same workplace less than 5 years ago, and his presence on the interview panel caused “a conflict of interest”?

Many thanks for your comments

[tiglet]

I think you would have had to raise a conflict of interest at the time, in the same way as it works in court, to be honest.

How and why the job was offered to another candidate is, to be quite honest, none of your business unless you feel discrimination or unfair practices were involved. There could be many reasons why they found this candidate a more suitable person.

Unless you feel their actions were discriminatory or unfair (legally), I don't think you have a leg to stand on.

[Mr Macintosh]

Evidently speaking it was an unfair practise as they failed to comply with the rules they provided me with. Doing it this way made it so obvious that it was already their intention to choose the other candidate before the interview.

I don’t want to make a strong complaint about this but I want to deliver a constructive and effective message to the management that they didn’t do it professionally as it was too obvious. Panel’s initial feedback to me was a bit like nothing is sometimes better than something as oppose to something is always better than nothing.

How could you give a position to someone who fails to deliver requested tasks for the interview? Second part of the interview never existed at all with this particular candidate.

Thanks for the reply anyway.

[tiglet]

If they had a "points" system, they could say that the other interviewee scored more points in their first part than you did combined.

You can certainly make them aware of your unhappiness, but I doubt very much they would do anything about it and would come up with some excuse.

Unless you can prove discrimination on some grounds, as unfair and unpleasant as it is, you may have to chalk this one down to experience. i know that doesn't seem fair, but life isn't always fair and if they haven't broken the law (just their own rules) you may find you work yourself up for nothing.

[Mr Macintosh]

They have a point/scoring system, which I know very well, as I used to participate in interview panels. I’m assuming that they will state this in their letter alongside with other issues.

Of course, they have to state that the other interviewee had more points otherwise they will provide me with further evidence that they’d made their decision before the interview. The way they conducted the interview was far from professional norms, which made it quite unpleasant and unethical.

[tiglet]

I don't disagree honey - it does seem very unfair - but I think you need to ask yourself the question: what do you actually want out of this?

[Mr Macintosh]

I just want to pass a strong message, nothing more than that as I'm unable to educate this people in any way.

[tiglet]

In that case, i would think very carefully about how you want to put it across and personally, as you have to continue working there, I would try to make it sound like constructive criticism.

[JonCris]

They have to make all the interviewees jump through the same hoops otherwise it IS discriminatory.......... Unless they have a positive & public discrimination policy based on disability or race ......... which, because of recent events, may still be challenged

[Cellbar]

I have to agree with JonCris on this one, for an interview to be fair all round, each and every candidate has to go through the same process and the same interview content, otherwise, it IS unfair. Regardless of a points system, which is easily fiddled anyway, if any interviewer is worth their salt, they have acted very unprofessionally, and been very stupid in doing right in front of you! I would want a full investigation into the matter, I would expect some form of compensation - which could be calculated on the basis of earnings missed out on etc.

[tiglet]

An unfair practice, IMO, is not the same as a discriminatory one, but I'm asking Ell-enn to give her us her opinion.

Cellbar - on what legal basis do you think the OP has a right to compensation? i've just never heard of this before, that's all.

[Cellbar]

There have been cases where someone has been employed in favour of another person, and it has been found to be 'illegal' shall we say, either unfair or discriminatory - and if it is found to be such, some people have 'won' compensation -many are out of court settlements if the truth be known, but it is not unknown.

[Ell-enn]

Do you only have the other interviewee's word that he did not do the presentation ? or have you had this confirmed?

Kind Regards

Ell-enn

[Mr Macintosh]

In that case, i would think very carefully about how you want to put it across and personally, as you have to continue working there, I would try to make it sound like constructive criticism.

It is also my intention that I want to make it positive and constructive, nothing too harsh.

Quite interestingly the other interviewee is not saying the same thing anymore but there are others who would potentially back me up in terms of what the other interviewee disclosed previously.

[Mr Macintosh]

I have received their letter, which only refers to the first part of the interview, as it does not mention anything about the second part. The letter very briefly states their views with reference to my answers and the points I was given.

One of the colleagues remembers very well that the other candidate spoke to her stating (soon after the interview) that he didn’t do the second part of the interview and he didn’t expect to get the job. The other colleague also remembers that the other candidate only spent less than 30 minutes in the interview room while minimum specified time was 30 plus 15 minutes.

I will need some help with the above issues.

Also, what happens if I request to be supervised by another manager or to move into another team on the grounds that I was subjected to an unfair and discriminatory practise, in case if I found right after an investigation (my colleague is willing to back me up).

[Mr Macintosh]

Also, what happens if I request to be supervised by another manager or to move into another team on the grounds that I was subjected to an unfair and discriminatory practise, in case if I found right after an investigation (my colleague is willing to back me up).

One of the interviewer was my supervisor.

[Sidewinder]

Problem is that to make an allegation of Discrimination you need a 'hook to hang it on', namely Sex, Race, Age, Disability, Religion or Sexual Orientation. You would need to make a case that you didn't get the job (and the other person did) because you were the victim of discrimination on one of these grounds and have reasonably strong evidence to support this.

Without that, you can only take issue with the 'unfair' nature of the interview - there is no legal redress for discrimination on the grounds of different interview techniques being applied. I don't think that you are likely to be able to get anywhere far in questioning the manner in which an interview is conducted - they may well have provided a framework and guideline of the time to be taken, but there is nothing in law which says that they must keep to this (unless as previously stated it would be likely to lead to an allegation of discrimination). A presentation may not have been neccessary from the second applicant, for example, if samples of work were available to the panel which proved that he had the neccessary skills. I and many others interview to a framework, but very often something about the applicant at an early stage in the interview will tell you whether the person opposite has something which sets them apart. In those circumstances this could actually make any further consideration superfluous, particularly when dealing with internal applicants where many of their qualities will already be known.

Asking for constructive feedback and guidance on which areas let you down in order to stand a better chance of success next time would, IMO reap greater rewards than accusing the panel of bias. There are a hundred and one excuses they could give, but with very little to back you up in terms of what you can do about it all you may achieve is to appear a sore loser. Don't get me wrong - I quite understand your disappointment, but at the end of the day you still have to work there and to do so under sufferance could make it a very unhappy existence!