5 Things You Shouldn’t Ask in an Interview

Interviews can feel awkward. So you try to build rapport, make small talk and put the candidate at ease.

But some questions aren’t just inappropriate, they’re unlawful. Ask them and you could end up facing a discrimination claim, even if you didn’t mean any harm.

Here are five topics to keep out of interviews.

1. Partners or Children

Asking “Do you have kids?” or “Are you planning a family?” might sound like friendly conversation. But these questions create assumptions - about availability, long-term commitment or flexibility.

Instead: focus on role requirements. If you need someone available at certain hours or able to travel, ask about that directly.

2. Health or Disability (Unless for Adjustments)

You should always ask if the candidate needs adjustments for the interview itself. That’s best practice.

But questions about health conditions, medical history or disabilities aren’t a good idea before you’ve made a job offer.

Keep the focus on whether they can perform the essential functions of the role with or without reasonable adjustments.

3. Spent Convictions

Under the Rehabilitation of Offenders Act, most jobs don’t let you ask about “spent” convictions.

Only roles in specific sectors - like working with children, vulnerable groups or in financial services - are exempt.

Not sure if your role is exempt? Check government guidance before the interview.

4. Trade Union Membership

“Are you in a union?” “Have you ever been involved in union activities?” These are off-limits.

They’re not relevant to the role and can be seen as discriminatory under the Equality Act.

Stick to skills, experience, and ability to do the job.

5. Age

Don’t ask “How old are you?” or “What year did you leave school?” Age discrimination laws apply at every stage of recruitment.

Even if you think age might be relevant, you’ll create risk by asking. Focus instead on capability, skills, and track record.

What to Do Next

These rules aren’t there to trip you up. They’re designed to keep interviews fair and protect your business.

Review your interview questions. Are any of them straying into these areas? If other managers are involved in hiring, make sure they know the boundaries too. It only takes one slip to create a problem.

If you’re unsure what’s appropriate, or want help designing interview questions that get the best out of candidates, get in touch. A short conversation now could save you a costly mistake later.