Expert warns to not ask these illegal job interview questions
Beyond the obvious "Are you pregnant?" or "How old are you?," many UK job seekers are confronting a more insidious form of interview discrimination through subtle, yet illegal, questions. A survey of 2,000 professionals found a staggering 73% have been asked an inappropriate or illegal question, prompting a new push for fairer hiring practices.
Leading the charge is Click Offices (clickoffices.com) , a prominent platform for office space solutions, which has released crucial guidance to both empower candidates and help employers navigate the complex landscape of legal recruitment. The effort aims to ensure that interviews focus on a candidate's skills and experience, not their personal life.
The foundation of this guidance is the Equality Act 2010, a piece of legislation designed to protect individuals from discrimination. It covers nine key characteristics: Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex and Sexual Orientation. Any question, whether direct or indirect, that probes these areas can be considered unlawful.
Shane Duffy, MD at Click Offices, explains the nuance of the problem. "The landscape of fair recruitment extends far beyond the obvious," he said. "We're seeing a trend where well-meaning employers might inadvertently ask questions that... actually delve into protected personal characteristics. This isn't just about avoiding legal pitfalls; it's about building truly equitable and effective teams."
Unlawful Questions and Lawful Solutions
Click Offices’ guidance outlines several less-known but illegal questions and provides lawful alternatives.
A common pitfall is asking about a candidate's personal life. Questions like, "What are your childcare arrangements?" are illegal because they can lead to discrimination based on sex, pregnancy and maternity. Instead, employers should ask, "Are you able to meet the attendance requirements of this position?" Similarly, asking "What was your maiden name?" is a way to discern marital status, a protected characteristic. This information should only be requested for legitimate purposes, like a background check, after a conditional job offer has been made.
Even questions that seem to build rapport can be dangerous. Asking, "What school did you go to?" or "What neighbourhood did you grow up in?" can be used to infer a candidate's race, socio-economic background, or religion. The lawful alternative is to ask, "Can you tell me about your educational background and any qualifications relevant to this role?"
Health-related questions also fall under scrutiny. Inquiring about "How many sick days did you take in your last job?" can indirectly reveal a candidate's disability or health status. A high number of sick days could be due to a long-term health condition that qualifies as a disability. The legal alternative remains: "Are you able to meet the attendance requirements for this role?"
Other off-limits topics include union membership and private lifestyle choices. Asking, "Are you a member of a trade union?" is a clear breach of the Trade Union and Labour Relations (Consolidation) Act 1992, as discrimination based on union membership is prohibited. Likewise, questions like, "Do you drink alcohol?" or "Do you use drugs?" are illegal as addiction can be considered a disability. Employers should instead ask if a candidate can comply with the company's drug and alcohol policy.
Protecting Your Rights
For job seekers who encounter such questions, Click Offices offers clear advice:
- Politely deflect: "I'm happy to discuss my qualifications for this role. How does that question relate to my suitability?"
- Reframe the question: If asked about childcare, respond, "My personal commitments won't interfere with my ability to fulfil the role's duties and required hours."
- Take notes: Jot down the question, who asked it and the date for future reference.
- Know your avenues: For advice, individuals can contact ACAS or the Equality and Human Rights Commission (EHRC). Formal claims can be made to an Employment Tribunal.
"Being prepared empowers you to protect your rights," Duffy emphasized. "A reputable UK employer will always focus on your skills and experience, not your personal life or protected characteristics. Our goal with this guidance is to foster a more informed and equitable recruitment environment for everyone."