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Interviews can feel awkward, especially when you’re trying to build rapport with a candidate. A bit of small talk to break the ice is natural.
But some casual questions can land you in hot water, even when you don’t mean any harm.
Here are 5 topics to avoid completely during interviews.
These aren’t just HR best practice, they’re legal requirements that could expose your business to discrimination claims.
1. Don’t ask about partners or children
It’s tempting to make conversation with questions like “do you have kids?” or “are you planning a family?”.
Even innocent small talk about family can be seen as bias. You might unconsciously assume someone with young children will be less available, or that someone planning a family won’t be committed long-term.
Stick to talking about the role requirements instead. If availability matters, ask about their ability to work specific hours or travel requirements.
2. Avoid discussing health or disability unless it’s for adjustments
You can absolutely ask if someone needs any adjustments for the interview itself, that’s good practice.
But asking about health conditions, medical history or whether someone has a disability isn’t appropriate at this stage. In most cases, you’re not allowed to ask these questions until after you’ve made a job offer.
Focus on whether they can perform the essential functions of the role with or without reasonable adjustments.
3. Don’t ask about spent convictions
Most jobs don’t allow you to ask about convictions that are considered “spent” under the Rehabilitation of Offenders Act.
Only certain roles are exempt, typically those working with vulnerable groups, like children, or in financial services. If your role isn’t exempt, you can’t ask about criminal history during the interview.
If you’re unsure whether your role allows these questions, check the government guidance or get legal advice before your next interview.
4. Avoid asking about union membership
Questions like “are you in a union?” or “have you ever been involved in union activities?” aren’t relevant to most roles.
These questions could be seen as discriminatory under the Equality Act and might suggest you’re less likely to hire someone based on their union involvement.
Keep interview questions focused on skills, experience and ability to do the job.
5. Don’t ask about age
Avoid asking someone’s age directly or trying to work it out indirectly with questions like “what year did you leave school?”.
Age discrimination laws apply throughout the recruitment process. Even if you think age might be relevant to the role, you need to be very careful about how you approach this.
Focus on the skills and experience needed rather than assumptions about what different age groups can or can’t do.
What to do next
These rules aren’t meant to make interviews harder; they’re designed to keep things fair for everyone and protect your business from potential claims. The best interviews focus on job-relevant questions anyway.
Take a look at your current interview process. What questions do you typically ask? Are there any that might stray into these problem areas?
If you have other people involved in your hiring process, make sure they know these boundaries too. It only takes one inappropriate question to create a problem.
If you’re unsure about what’s appropriate to ask or want help with designing better interview questions, get in touch. Sometimes a quick conversation can save you from costly mistakes down the line.