In today’s world of video interviewing and hybrid hiring, job interviews are often being conducted from home, and things can naturally feel more relaxed and informal (which is often a good thing).

However, employers still need to adhere to UK anti discrimination law and ensure that interviews remain fair, consistent, and job relevant.

Certain topics can be viewed as discriminatory under the Equality Act 2010, and poorly phrased questions can leave your business exposed to risk. To assist, we’ve put together the following guidance on some of the most common interview questions employers should avoid.

Nationality

Employers have a legal obligation to check that candidates are eligible to work in the UK, but they should avoid questions relating to an applicant’s race, native language, or religion.

Many jobs require an individual to speak English fluently, but no role requires English to be their first language. Providing they can communicate to the required standard, and can prove their right to work, they are perfectly within their rights to be considered for the position.

You must not make a hiring decision based on someone’s nationality or where they come from, as long as they have the skills to do the job.

Marital Status

Questions about a person’s marital status, children, or future plans regarding starting a family are best avoided in an interview.

Not only are these questions personal in nature, they can also be considered potentially discriminatory, and in some circumstances could be interpreted as an attempt to determine someone’s sexual orientation.

Since none of these factors have any bearing on someone’s ability to do the job, they should not be part of the interview process. A better way to approach this is to ask whether the candidate has any current commitments that might affect their availability to meet the requirements of the role.

Employers should never make assumptions about maternity leave or personal circumstances when assessing candidates. Individuals must be considered on merit alone.

Age

Asking someone their age may seem like an innocent question, but there are clear reasons why interviewers should avoid it.

In most roles, age has no relevance to someone’s ability to perform well, so there is rarely any legitimate reason to ask. Employers should also avoid subtler versions of the same question, such as asking when someone graduated or requesting a date of birth during early stages.

Some candidates may include their date of birth on a CV, but it is not a requirement, and you must not ask for it of others.

Absence Records

Sickness, disability, and health status are all sensitive topics that should generally be avoided during an interview.

The only valid reason to raise such questions is to assess whether someone can carry out the job safely, or whether reasonable adjustments may be required to support them in the workplace.

In most cases, health related questions should be left until after a job offer has been made, and only where directly relevant to the role. Instead, it is more appropriate to ask whether there are any requirements needed for the candidate to perform the job efficiently.

Lifestyle Choices

There are many aspects of a candidate’s personal life that are considered private lifestyle choices, and these must not influence hiring decisions.

For example, employers should not ask about alcohol consumption or whether someone smokes. Businesses may have internal policies regarding certain activities, but these are not typically matters to explore during interview stage.

The focus should remain firmly on ability, experience, and suitability for the role.

Criminal Convictions

Employers should be cautious when asking about criminal convictions.

In many cases, spent convictions do not need to be disclosed, and employers should not refuse a candidate unless the role specifically requires additional safeguarding or regulatory checks.

For certain positions, such as working with children, vulnerable adults, or in some financial services roles, a DBS check may be required. In these instances, questions may be appropriate, but they should always be handled carefully and fairly.

Once again, a candidate may choose to volunteer information, but employers should ensure that any checks are proportionate to the role.

Affiliations and Memberships

Unless it is specifically pertinent to the position, employers should not ask questions about a candidate’s memberships or affiliations.

For example, it would be inappropriate to ask whether someone is a member of a trade union, political party, or activist organisation.

Unless these memberships have a direct bearing on the person’s ability to do the job, they should not be treated as relevant to the application.

Conclusion

Remote and hybrid interviewing is now a normal part of modern recruitment, but the legal principles remain exactly the same.

As Bob Bannister, MD of iManage Performance, says, the real skill in conducting a video interview comes beforehand. Preparing properly, planning your questions in advance, and ensuring consistency across candidates is key.

While this isn’t a definitive list of every topic employers should avoid, the examples above are among the most common areas that can cause problems. Other sensitive areas include sexual orientation, religion, race, and personal circumstances.

Whether face to face or over a video call, employers need to be careful about the questions they ask.

A candidate should only be assessed on their ability to do the job, and nothing more. Anything that could introduce bias or discrimination is best kept out of the interview process entirely.