Partner Article

Questions you thought you couldn’t ask

Helen Darnton, associate in the employment team at law firm Clarion, provides some advice for employers

Employers could be forgiven for approaching people management with caution for fear of falling foul of, what can be perceived as, a legal maze of legislation and case law.

In fact, there are many questions that most HR managers are almost certain that they cannot ask. But are those fears justified? In many situations, not asking the right questions and ignoring serious issues is far more likely to cause problems in the future – making the situation worse when it could have been an opportunity to engage with staff.

A word of caution though: The first step is to create a supportive and trusting atmosphere within the business in which employees and managers feel able to discuss topics and raise issues without fear of it being misconstrued or allegations of discrimination being thrown around.

Always remember that context is key. Ask questions tactfully and with the right reasons in mind, focusing on how any personal issues affect employees at work.

Q: How does your disability affect you at work? What can you do, what do you find difficult and why?

You should never be afraid of asking about disabilities if the aim is to learn what it is they might struggle to do in their day to day job. In fact, employers have a positive obligation to do so, and understanding an individual’s disability in greater detail allows for those adjustments to be identified. Only then are you able to implement meaningful and effective changes that are useful for the employee in question.

Q: Please tell me more about your religious festival and the time off that you would like?

It can be difficult to balance the needs of the workforce when it comes to allocating holidays and the competing demands of religious festivals and family commitments.

However if you understand the reasons for requests for time off, you will be better able to allocate time off fairly amongst staff, particular at popular holiday times. You will also be able to plan ahead if you know whether some staff will always ask for certain days off every year or their requests will change from year to year.

Asking this question of employees who might have difficulties with certain days of the week, for example Jewish employees may not wish to attend Friday evening events also makes perfect sense. Again, by finding out more and not making assumptions you will be better placed to deal with any issues that arise.

Q: Is everything ok at home?

If an employee’s performance or behaviour has changed, it is perfectly ok to ask them if everything is alright at home.

You must ask this sensitively and at an appropriate time and place, preferably in a private meeting room and the focus should be on the impact on the employee at work. Otherwise it might appear that you are snooping into their private life.

Although some people might feel uncomfortable in this scenario, asking the question will give the employee an opportunity to tell you about anything that is affecting them at work. It is far better to discuss the situation and see if there is anything that can be done to help, rather than immediately launching into a performance management process or giving the employee a formal warning, which might make matters worse

Q: Where do you see yourself in 5 years’ time? What are your career and personal aspirations.

Yes, it’s that old chestnut. But these days, most employers are wary of asking female employees exactly this question, particularly if they are in their 20s or 30s. The most important point to remember about this question is to ask it of everyone – never make assumptions about someone’s plans and goals for the future. You might even find out that an employee has been harbouring a desire to relocate or change roles, which could suit you.

You can also use this question to find out about retirement plans of employees, now that the default retirement age has been abolished.

Whenever you ask this question, you will gain valuable information which can then be used for business planning as well as improving employee motivation and engagement. This is a key issue for businesses in a tough economic climate where it is vital to have productive staff.

This was posted in Bdaily's Members' News section by Clarion .