Five interview questions that could lead to a discrimination claim

Ask the wrong question in an interview and you could be facing a discrimination claim before you've even picked a candidate.

Often these kinds of questions get asked innocently. The interviewer is usually just making conversation.

But "I was just being friendly" doesn't matter under discrimination law. The law judges the effect of a question on the candidate, regardless of what you meant by asking it.

If a question relates to a protected characteristic and the candidate doesn't get the job, they have grounds to argue that it played a part in your decision.

Why meaning no harm doesn't protect you

You don't need to have intended to discriminate for a claim to succeed.

A tribunal asks whether the question relates to a protected characteristic and whether it could have influenced the outcome. A friendly question asked to break the ice carries exactly the same legal weight as a deliberate one.

The five questions to drop from your interviews

1. Children and family plans

"Are you planning to have children?"

or

"Do you have kids?"

touches on sex and potentially pregnancy and maternity, both protected characteristics.

A rejected candidate can argue that it influenced the decision, even if you only asked to find common ground.

Ask instead:

"This role requires occasional travel or evening work. Is that something you can accommodate?"

2. Age

Avoid

"How old are you?"

or

"What year did you graduate?".

Age is a protected characteristic and graduation year is a proxy for it that carries the same risk.

Focus your questions on relevant experience and skills, not when the candidate gained them.

3. Health and disability

Don't ask questions like

"Do you have any health conditions or disabilities?".

You cannot ask this before making a job offer, except in the rare case where a health condition is directly relevant to an intrinsic function of the role.

Ask instead:

"Is there anything you'd need us to put in place to support you through the interview process or, if successful, in the role?"

4. Nationality and origin

"Where are you originally from?"

or

"What's your nationality?"

relates to race and national origin, both protected characteristics.

It can feel like harmless small talk, but it creates real legal risk.

You can ask

"Do you have the right to work in the UK?" instead. That's a legal requirement, not a discriminatory question.

5. Religion.

"What religion do you practise?"

or

"Will you need time off for religious holidays?"

are related to religion and belief, which is a protected characteristic.

If the candidate doesn't get the job, this question could be cited as a factor in the decision.

Ask instead:

"This role requires you to work [specific days or hours]. Is that something you can commit to?"

Structure protects you

The best protection against a discrimination claim is structure. Ask the same questions, in the same order, to every candidate and assess every answer against the same criteria.

That consistency does two things. It keeps you focused on what actually matters for the role and it gives you a clear, defensible record if a rejected candidate ever questions your decision.

A structured process also makes it much easier to spot when an interviewer has drifted into territory they shouldn't, before it becomes a problem.

We can review your recruitment process and interview frameworks to make sure that they hold up legally and give you the best chance of finding the right person for the role.

If you're not confident that your interview process is compliant, get in touch and we'll help you to tighten it up.