What you can and can’t ask during a job interview

As a small business owner or line manager, you might assume that someone is only protected under the Equality Act 2010 when they become an official employee. However, there is no qualifying period of service for protection from discrimination, which means it applies even at the recruitment stage. 

Anyone attending a job interview with your business could potentially bring a claim if they believe a question or decision crosses the line.

The Equality Act 2010 protects individuals from discrimination based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

So, what can you ask in an interview situation and what can’t you ask?

What you can ask

Keep your questions focused on the potential candidates skills, experience and ability to do the job you’re recruiting for, rather than focusing on or asking about personal circumstances or characteristics.

• Experience - can you tell me about your previous experience in a similar role?

• Qualifications - do you have the relevant qualifications or training required for the role?

• Availability - are you available to work the required hours specified in the job description?

• Travel - can you travel to different locations if required?

• Job requirements - can you tell me about your previous experience in relation to the duties listed in the job description?

• Right to work - do you have the right to work in the UK?

• Reasonable adjustments - do you need any adjustments to help you carry out the role?

What you can’t ask

• Age - how old are you and when do you plan to retire?

• Pregnancy - are you pregnant or planning to have children?

• Marriage - are you married or do you have a partner?

• Disability and health - do you have any medical conditions? How many days have you taken off sick in the last 12 months?

• Race and nationality - where were you born? What is your ethnic background?

• Religion - what religion do you follow?

• Sexual orientation - are you gay? Do you have a boyfriend or girlfriend?

• Gender reassignment - have you undergone gender reassignment?

In general, it’s best to stick to questions that are relevant to the role only, focusing on their skills, qualifications and experience, rather than anything too personal.

If you’re unsure about managing the recruitment process fairly, we provide HR support for small business owners. Get in touch to find out how we can support your business.