This follows on closely I take it from your last post?

I don't think it is unlawful to ask why a candidate is after part time work. Of course the question does give rise to the possibility of a discriminatory reason behind it. But in and of itself asking the question, finding out it's because you are studying a PhD and then asking you about it is unlikely to give rise to a successful claim.

Of course whilst it "may" be unfair there is nothing unlawful about rejecting a candidate because they are studying for a PhD. Whilst it may/may not be short sighted it is not a protected characteristic.

Whilst regrettable I can see why some employers would be put off by a candidate applying for a lower level position studying for a very advanced and academic qualification.

As with your previous similar post it's a question of perseverance and keeping on trying. Good luck.

In reply to Keith:

Thank you Keith for your response. Personally, I don't think that there is anything 'unlawful', as such, when enquiring why someone may be looking for part-time work. I never thought along those lines until recently. However, clearly, people have (conscious and unconscious) biases, and it is more about how they react to those responses than the question itself. I am sure that if I were looking after an elderly parent or a child (as the reason for seeking to work part-time) some of them may enquire what would I be seeking to I do once that is no longer the case. All fair questions indeed, but with the potential of clashing with someone's biases.

Of course, studying is not a 'protected characteristic'; and in the UK, unlike in other European countries, people do not have the right to have a job either.

As an HR manager I never had a 'problem' with recruiting people that had a wealth of experience and/or were well qualified but wanted to do lower-level positions (people have reasons for wanting that trade-off). However, there was a caveat and that was that they needed to be fully aware of what the role on offer entailed. As a result of my transparency, these hires were some of the most motivated and reliable employees that I ever hired. Never a problem, and generally bringing solutions, effectiveness, and great support to the organisation I worked for. However, I have to (sadly) accept that others may think otherwise. Although I do not really understand their rationale. To me, it is such a waste of talent and opportunity. May be you can let me know. Not to argue with your point, but so that I can understand what others may see as a problem.

Thank you again, your thoughts and experience are very much appreciated.

Paula

In reply to Paula Fitzgerald:

Hi Paula

I agree with you that it is unfair not to give you a shot but being a recruitment agent is a sales job (as someone said before) and I guess they'll prioritise the candidates that are easiest to sell.

I think it's quite likely that the agencies you are dealing with in your job hunt assume that the recruiting managers / your potential line managers will be threatened by you (as you are likely better qualified than them) and that your CV will not be an "easy" sell. It might be worth (even if it goes against the grain) to do what your Msc students do and remain vague about your studies "I'm studying for a further qualification a the moment" without specifying what level it's at, to eliminate at least one potential source of bias.

I replied in the way I did clarifying my u derstanding of the law because your pistcyotle snd pist suggested you thought there was both potential grounds for direct and I direct discrimination here. I am glad we agree it is unlikely there are.

Interesting one! I tend to ask why someone is looking for part time work as part of the interview mainly to check that they really do want a part time job, and won't leave after 5 minutes for a full time position.

I hope you have some better luck soon. I can feel your frustration.

In reply to Laura Ann:

Thank you Laura Ann, I wholeheartedly agree with you and fully support where you are coming from. I have done the same in the past, and would have no issues with anyone asking me those questions for the purpose of ensuring that I will not leave after 5 mins for a full time role! :-) Thank you for your contribution!

Kind regards

Paula

In reply to Anka:

Thank you Anke. You may be right, I may need to do that!
Thank you kindly.

Paula