Interview Questions Guide: Legal vs Illegal Questions UK

Asking the wrong question at interview can lead to a discrimination claim - even if you offer them the job. Here's what you can and can't ask.

Why Interview Questions Matter

The legal risk:

• Discrimination claims can be brought by unsuccessful candidates
• Compensation is unlimited for discrimination
• Asking discriminatory questions is evidence of discrimination
• Even if you had good intentions

Best practice:

• Prepare questions in advance
• Ask same core questions to all candidates
• Keep questions job-relevant
• Train all interviewers
• Document what was asked

Questions You MUST NOT Ask

Pregnancy and Family

Illegal questions: ❌ "Are you pregnant?" ❌ "Do you plan to have children?" ❌ "Do you have children?" ❌ "What childcare arrangements do you have?" ❌ "Are you planning to start a family soon?" ❌ "Can you commit to full-time work with young children?"

Why illegal:

• Sex discrimination
• Pregnancy discrimination
• Indirect discrimination (more likely to affect women)

What you CAN ask: ✅ "This role requires occasional evening work. Are you able to meet this requirement?" ✅ "The notice period is 3 months. Can you accommodate this?" ✅ "Can you meet the travel requirements of 2 days per week?"

Don't:

• Assume women with children can't travel
• Ask women different questions than men
• Probe about how they'll "manage" with children

Age

Illegal questions: ❌ "How old are you?" ❌ "When were you born?" ❌ "When do you plan to retire?" ❌ "Don't you think you're too old/young for this role?" ❌ "Can you keep up with our young team?" ❌ "When did you leave school?" (reveals age)

Why illegal:

• Age discrimination (protects all ages, not just older workers)
• Assumptions based on age

What you CAN ask: ✅ "This role involves learning new technology quickly. How do you approach learning new systems?" ✅ "What are your career goals over the next 5 years?" ✅ "Tell me about a time you've adapted to change."

Health and Disability

Illegal questions (before offering job): ❌ "Do you have any health problems?" ❌ "How many sick days did you take last year?" ❌ "Do you have a disability?" ❌ "Can you do [task] with your condition?" ❌ "Are you taking any medication?"

Why illegal:

• Disability discrimination
• Health conditions may be disabilities under Equality Act

What you CAN ask (before offer): ✅ "Are there any reasonable adjustments you need for the interview?" ✅ "Can you carry out the following duties..." (describe actual role requirements)

After offering job (conditionally): You can ask health questions if:

• Relevant to ability to do the job
• Asked of everyone offered the role
• To assess reasonable adjustments needed

Marital Status and Sexual Orientation

Illegal questions: ❌ "Are you married?" ❌ "Are you single?" ❌ "What does your partner do?" ❌ "Are you in a relationship?" ❌ "What does your husband/wife think about this role?" (Using gendered terms for partner reveals you're making assumptions)

Why illegal:

• Marital status discrimination
• Sexual orientation discrimination
• May reveal protected characteristics

Not relevant to the job.

Religion and Belief

Illegal questions: ❌ "What religion are you?" ❌ "Do you observe any religious holidays?" ❌ "Would you be comfortable working with [religion]?" ❌ "Can you work Sundays?" (if only asked to those who appear religious)

Why illegal:

• Religion or belief discrimination

What you CAN ask (if genuinely needed): ✅ "This role requires Saturday working. Are you available?" ✅ "This is a 24/7 operation with shift work. Can you work the rota?"

Ask everyone the same question, not just those you suspect observe a religion.

Race and Nationality

Illegal questions: ❌ "Where are you from originally?" ❌ "That's an interesting name, what nationality is it?" ❌ "What's your ethnic background?" ❌ "Where were you born?" ❌ "How long have you been in the UK?"

Why illegal:

• Race discrimination
• Nationality discrimination

What you CAN ask: ✅ "Do you have the right to work in the UK?" (essential question)

Then after offering job: Conduct right to work check with proper documents.

Other Protected Characteristics

Gender reassignment: ❌ Don't ask about previous names or gender history ❌ Don't ask personal questions about their transition

Trade union: ❌ "Are you a member of a union?" ❌ "Have you been involved in industrial action?"

Part-time/fixed-term status: ❌ Don't ask different or fewer questions of part-time candidates ❌ Don't ask "Why only want part-time?" (may be indirect discrimination)

Effective Interview Questions

Competency-Based Questions

Structure: Situation, Task, Action, Result

Good questions:

• "Tell me about a time when you dealt with a difficult customer."
• "Describe a situation where you had to meet a tight deadline."
• "Give me an example of when you led a team through change."
• "Tell me about a time you made a mistake and how you handled it."

Why they work:

• Based on real experience
• Reveal actual behavior
• Harder to fake than hypothetical questions
• Evidence-based assessment

Probing Follow-Up Questions

After initial answer, ask:

• "What was your specific role in that?"
• "What was the outcome?"
• "What would you do differently now?"
• "What did you learn from that?"

This reveals:

• Whether they actually did it (not just observed)
• Their thinking process
• Ability to reflect
• Genuine experience

Technical/Skills Questions

Role-specific questions:

• "How would you approach [specific task]?"
• "What experience do you have with [specific software/process]?"
• "Talk me through your process for [key responsibility]."
• "What's your understanding of [relevant regulation/concept]?"

Can include:

• Work samples
• Practical tests
• Presentations
• Problem-solving exercises

Motivation and Fit Questions

Safe questions:

• "Why are you interested in this role?"
• "What appeals to you about working here?"
• "Where do you see yourself in 5 years?"
• "What are you looking for in your next role?"
• "Why are you leaving your current job?"

Reveals:

• Whether they've researched the company
• Realistic expectations
• Career goals alignment
• Motivation level

Situational/Hypothetical Questions

"What would you do if..." questions:

• "How would you handle a conflict between team members?"
• "What would you do if you disagreed with your manager?"
• "How would you prioritize these competing demands?"

Less reliable than competency questions (easier to give ideal answer) but useful for:

• Entry-level roles with limited experience
• Testing problem-solving approach
• Exploring values and judgment

Handling Tricky Topics

Employment Gaps

Safe approach:

• "I notice there's a gap in your employment from [date] to [date]. Can you tell me about that period?"

Then accept the answer:

• Don't probe if it's maternity, illness, caring, education
• These are protected or protected-related
• Focus on current ability to do the job

Job Hopping

Safe approach:

• "I see you've had several roles in quick succession. Can you talk me through your career progression?"

May have valid reasons:

• Redundancies
• Fixed-term contracts
• Early career exploration
• Toxic workplaces (not their fault)

Don't assume:

• They're uncommitted
• They'll leave you quickly
• They're difficult to work with

Overqualification

Safe approach:

• "You have [high qualification/experience]. What attracts you to this [lower level] role?"

Valid reasons they may have:

• Career change
• Work-life balance
• Relocating
• Personal circumstances changed
• Enjoy the work at this level

Don't:

• Assume they'll be bored
• Assume they'll leave quickly
• Assume they want more money than offered
• Make age assumptions ("overqualified" often age proxy)

References and Background

Can ask:

• "Can you provide two employment references?"
• "This role requires a DBS check. Is that acceptable?"
• "Do you have the professional registration required for this role?"

Take up after offer, not at interview stage.

Salary Expectations

Can ask:

• "What are your salary expectations?"
• "Our budget for this role is £X-Y. Does that work for you?"

Helps both parties:

• No point proceeding if expectations misaligned
• Shows transparency
• Avoids wasting time

Interview Structure Best Practices

Opening (5 minutes)

• Welcome and put at ease
• Introduce panel
• Explain structure and timing
• Confirm they're happy to proceed
• Outline opportunity for their questions

Core Questions (40-50 minutes)

• Ask prepared questions
• All candidates get same core questions
• Probe answers for detail
• Take notes
• Allow thinking time

Their Questions (10 minutes)

• Always leave time for candidate questions
• Quality of questions shows interest
• Opportunity to sell the role

Closing (5 minutes)

• Thank them for their time
• Explain next steps and timeline
• Confirm contact details
• Answer any final questions

Documentation

Record for each candidate:

• Questions asked
• Answers given (summary, not verbatim)
• Follow-up questions asked
• Concerns or strong points noted
• Overall assessment

Why:

• Defend discrimination claims
• Show consistent process
• Compare candidates fairly
• Refresh memory when deciding

Keep for 6-12 months after recruitment.

Training Interviewers

Everyone on interview panels should know:

• What questions are illegal
• How to recognize and avoid bias
• Importance of consistency
• Documentation requirements
• How to assess fairly

Even senior managers need training:

• "I've been doing this 20 years" doesn't make them compliant
• Laws change
• Unconscious bias affects everyone

If You Accidentally Ask Illegal Question

Don't panic, but:

1. Move on quickly, don't dwell on it
2. Don't use the answer in your decision
3. Note that it was asked in error
4. Ensure it doesn't affect selection
5. Review training needs

If candidate complains:

• Apologize professionally
• Explain it was error, not policy
• Confirm it won't affect decision
• Document the complaint and response

Common Mistakes

Inconsistent questions:

• Different questions for each candidate
• Can't compare fairly
• Suggests bias in selection

Making assumptions:

• About women's commitment
• About older workers' ability
• About parents' availability
• About disabled people's capability

Small talk that reveals protected info:

• "How was your weekend?" → "I took my kids to..." → Now you know they have children

Letting guard down:

• "Off the record" chats before/after
• Chat at reception
• Walk to car
• Still part of interview process

Panel member going rogue:

• One person asks inappropriate questions
• You're still liable
• Brief everyone beforehand

Checklist

✅ Questions prepared in advance ✅ Same core questions for all candidates ✅ Questions are job-relevant ✅ No questions about protected characteristics ✅ Panel trained on discrimination law ✅ Notes taken during interview ✅ Consistent assessment approach ✅ Documentation retained securely ✅ Ready to explain selection decision

Asking the right questions gets better information, shows professionalism, and protects you legally. Taking time to prepare questions properly is time well spent.