Beyond the obvious “Are you pregnant?” or “How old are you?”, many job seekers in the UK face subtle, yet illegal, interview questions that can lead to discrimination. Here is some crucial guidance* to empower candidates and help employers ensure fair and lawful recruitment practices under the Equality Act 2010. A past survey found that as many as 73% of 2,000 professionals surveyed had been asked an inappropriate or illegal question during an interview.

The Equality Act 2010 safeguards individuals against discrimination based on nine protected characteristics: Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex and Sexual Orientation. Any interview question, direct or indirect, that probes these areas can be unlawful.

“The landscape of fair recruitment extends far beyond the obvious,” says Shane Duffy, MD at Click Offices. “We’re seeing a trend where well-meaning employers might inadvertently ask questions that, while perhaps intended to build rapport or understand availability, actually delve into protected personal characteristics. This isn’t just about avoiding legal pitfalls; it’s about building truly equitable and effective teams.”

Click Offices’ guidance outlines several lesser-known, yet illegal, interview questions and provides lawful alternatives:

1. “What are your childcare arrangements?”

• Why it’s illegal: These questions can lead to discrimination based on sex, pregnancy and maternity. A recent study found that three-quarters of mothers who were unsuccessful in job interviews felt the employer’s knowledge of their pregnancy had affected their chances. In a different survey, a TUC and Mother Pukka survey from 2021 found that 42% of mothers feared discrimination if they asked about flexible working in a job interview.
• What to ask instead: “Are you able to meet the attendance requirements of this position?”

2. “How many sick days did you take in your last job?”

• Why it’s illegal: This indirectly probes a candidate’s disability or health status. High sick leave could be due to a long-term health condition that qualifies as a disability.
• What to ask instead: “Are you able to meet the attendance requirements for this role?”

3. “What was your maiden name?” (If not for a post-offer background check)

• Why it’s illegal: This can be a way to discern marital status, a protected characteristic. In 2023, the Office for National Statistics (ONS) reported over 200,000 marriages in England and Wales, with name changes being a common practice, making this a frequent but unnecessary question in early interviews.
• What to ask instead: Request this information only after a conditional job offer for a legitimate purpose like a background check.

4. “What school did you go to?” or “What neighbourhood did you grow up in?”

• Why it’s illegal: These seemingly innocent questions can be used to infer race, socio-economic background or religion. Asking about a person’s school can inadvertently reveal protected information remains valid. “Religion or Belief” is a protected characteristic under the Equality Act 2010.
• What to ask instead: “Can you tell me about your educational background and any qualifications relevant to this role?”

5. “Are you a member of a trade union?”

• Why it’s illegal: It is a clear breach of the Trade Union and Labour Relations (Consolidation) Act 1992 to discriminate based on union membership. The latest data from the ONS shows that around 22.4% of UK employees were trade union members in 2023, making this a relevant but protected characteristic.
• What they can’t ask: There is no legitimate, non-discriminatory way to ask this question during recruitment.

6. “Do you drink alcohol?” or “Do you use drugs?”

• Why it’s illegal: These questions delve into private lifestyle choices and can be discriminatory under the Disability protected characteristic, as addiction can be considered a disability.
• What to ask instead: “This role requires strict adherence to our drug and alcohol policy. Are you able to comply with this policy?”

What to Do If You Encounter an Illegal Question?

Candidates who face such questions are advised to:

• 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,” adds Shane. “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.”

* Guide provided by Click Offices