Questions an interviewer should not ask

Why it matters on both sides of the table

An interview should be about whether you can do the job and how you would do it. The Equality Act 2010 protects job applicants, not just employees, from discrimination because of certain personal characteristics. An interviewer who asks about them risks a claim, and a candidate who is asked may reasonably wonder how the answer will be used.

Well-run organisations train their interviewers to avoid these questions altogether, and to ask every candidate the same questions. If you are an interviewer, this guide is a checklist. If you are a candidate, it tells you what you are entitled to keep to yourself. It is general information, not legal advice.

The protected characteristics

The Act names nine characteristics. Questions about any of them have no place in a normal interview, because the answer should make no difference to the decision.

• Age.
• Disability.
• Gender reassignment.
• Marriage and civil partnership.
• Pregnancy and maternity.
• Race, which includes colour, nationality and ethnic or national origin.
• Religion or belief.
• Sex.
• Sexual orientation.

Questions that cross the line, often without meaning to

Most unlawful questions are not hostile. They are small talk that strays into someone's private life, or a clumsy attempt to find out whether they can commit to the job. The intent does not change the risk.

• "Do you have children, or are you planning a family?" This touches pregnancy, maternity and sex. The fair question is whether the candidate can work the hours the job needs, asked of everyone.
• "How old are you?" or "When did you leave school?" Both are ways of asking about age. Ask about relevant experience instead.
• "Where are you originally from?" or "Is English your first language?" This touches race and national origin. If the job needs a level of English, test that directly and for everyone.
• "Are you married?" or "What does your partner do?" This has no bearing on the job.
• "Which church do you go to?" or "Will you need time off for religious festivals?" This touches religion or belief. Holiday is booked in the normal way.
• "How many sick days did you take last year?" or "Do you have any health conditions?" Before a job offer, health questions are restricted by law (see below).

Health and disability: what can be asked, and when

Before a job offer, an employer generally must not ask about a candidate's health or disability. The Equality Act allows six narrow exceptions: to find out what adjustments you need for the interview or assessment itself, to check you can carry out a task that is intrinsic to the job, for equality monitoring, for positive action, where there is a genuine occupational requirement, and for national security.

Once an offer is made, an employer may ask health questions, for example through an occupational health check, and can make the offer conditional on it. They must not withdraw it because of a disability they could reasonably adjust for.

As a candidate, you can ask for reasonable adjustments at any stage: extra time for a test, a step-free room, questions in advance, captions or a sign language interpreter. You only need to share as much about a disability as it takes to explain what you need, and asking should never count against you. A pregnancy does not have to be disclosed at all.

Questions that are allowed, even if they feel personal

Some questions can feel intrusive but are legitimate when they are asked of every candidate and linked to the job.

• Right to work: employers must check that everyone they employ is allowed to work in the UK, British citizens included, before they start. It is fair to ask every candidate "Do you have the right to work in the UK, and will you need sponsorship?", but the check must be the same for everyone at the same stage. Checking only people who seem to be from abroad is discriminatory.
• Criminal records: for many jobs you only need to disclose unspent convictions. Some roles, such as work with children or vulnerable adults, are exempt and need a fuller DBS check. The employer should tell you which applies.
• Availability: "Can you work weekends?" is fair if the job needs it and everyone is asked.
• Salary expectations: this is a normal question. You do not have to share your current pay, and you can answer with a range for the new role instead.

If you are asked one: how to respond

You have a choice, and there is no single right answer. Choose the one that suits you and the moment.

Keep a record straight afterwards: the question, who asked it, when and what was said. If you are turned down and believe a protected characteristic was the reason, you can get free, impartial advice from Acas or Citizens Advice, and the Equality and Human Rights Commission publishes guidance on your rights.

Do not wait long. Most tribunal claims must start with Acas early conciliation within a strict time limit: three months less one day for anything before 1 October 2026, rising to six months for most claims about things that happen on or after that date. Check the current limit with Acas.

• Answer it, if you are comfortable and it does not worry you.
• Answer the concern behind it: "If you are asking whether I can commit to the shift pattern, yes. I have worked early and late shifts for three years."
• Decline politely: "I would rather keep that private, but I am happy to talk about anything to do with the role."
• Ask how it relates to the job: "Could you tell me how that connects to the role?" Often the interviewer realises and moves on.

For interviewers: a quick test

Before any question, ask yourself two things. Would I ask every candidate this, in the same words? And does the answer tell me something about how this person would do the job? If either answer is no, leave it out.

Structured interviews, where everyone gets the same questions and the same scoring, make this easy. They are also fairer and better at predicting who will do the job well, which is the whole point of interviewing.