Illegal Interview Questions in the UK: What Employers Cannot Ask

Job interview questions can cover almost any professional topic — but some questions cross into legally protected territory under UK employment law. Knowing where the line is helps you understand your rights and decide how to respond if an interviewer oversteps.

The Legal Framework

The Equality Act 2010 protects candidates from discrimination based on nine protected characteristics:

1. Age
2. Disability
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race (including colour, nationality, and ethnic or national origin)
7. Religion or belief
8. Sex
9. Sexual orientation

Questions that directly or indirectly seek information to discriminate on these grounds are unlawful. Pre-employment health questions are also heavily restricted under the Equality Act.

Questions That Are Almost Always Problematic

"Are you planning to have children?" / "Are you pregnant?"

Directly unlawful. Decisions made on the basis of pregnancy or maternity are sex discrimination.

"How old are you?" / "What year were you born?"

Questions designed to reveal age and inform a decision about a candidate are age discrimination. Date of birth should not be part of the interview process.

"What religion are you?" / "Do you observe any religious holidays?"

Unlawful when used to inform hiring decisions. (If you are hired, the employer may need to discuss reasonable adjustments — but that is a different context.)

"Are you married?" / "Do you have a partner?"

Marital status questions designed to assess commitment or availability are problematic.

"Do you have a disability?" / "Do you have any medical conditions?"

Pre-offer health and disability questions are very tightly restricted by the Equality Act. There is a narrow exception for questions necessary to make reasonable adjustments for the interview process itself — but general health enquiries before a job offer are unlawful.

"Where are you originally from?" / "Is English your first language?"

Questions that probe ethnic or national origin beyond what is relevant to the role are problematic. (Assessing whether someone has language skills necessary for a role is different — but needs to be handled carefully.)

"What are your childcare arrangements?"

Unless directly relevant to specific, unusual role requirements — and even then, it must be asked equally of all candidates regardless of sex.

What Employers Can Ask

Employers can legitimately ask:

• Can you work the required hours (including evenings or weekends if the role requires it)?
• Do you have the right to work in the UK?
• Are there any adjustments you need for the interview process? (reasonable adjustments question — appropriate to ask)
• Do you have any commitments that would prevent you from fulfilling the requirements of this role? (when asked genuinely and of all candidates equally)

The key test: is the question aimed at understanding your ability to do the job, or at gathering information about a protected characteristic?

What to Do If You Are Asked an Unlawful Question

You have several options:

Answer anyway

Many candidates do this. If the question feels innocent (curiosity rather than discrimination) and you are comfortable with the answer, responding does not harm you — though it does let the employer off the hook.

Deflect politely

"I prefer to keep my personal life separate from work — could you tell me more about what you are trying to understand about my suitability for the role?" This redirects without confrontation.

Answer the underlying concern

If the question seems to be probing commitment or availability, address that directly: "If you are concerned about my availability, I can assure you I am fully committed to the role and its requirements."

Decline to answer

"I am not sure that question is relevant to my ability to do this job — could we focus on [specific competency or requirement]?" This is professional but signals clearly that you know your rights.

After the Interview

If you believe you were discriminated against based on a protected characteristic — particularly if you were rejected and suspect the reason was related to unlawful questioning — you can raise a complaint with the employer or bring a claim to an Employment Tribunal. Seek advice from ACAS, the Equality and Human Rights Commission, or an employment solicitor.

Understanding your rights as a candidate is part of approaching the job search with confidence.

Use CVCircuit to present yourself compellingly on paper — so that when you walk into an interview, you are there on the strength of your experience and skills, evaluated on the criteria that actually matter.