Expert Reveals: 5 Illegal Interview Questions an Interviewer Can’t Ask You in the UK

Know your rights during job interviews. Expert shares which questions are off-limits under UK law.

Interviewing for a new job can be stressful enough without being put on the spot by inappropriate or illegal questions. While interviewers often ask personal questions to get to know you better, certain topics are off-limits under UK law.

Knowing your rights and understanding what questions interviewers legally can and cannot ask is essential to protect yourself from discrimination and unfair treatment.

Osborne & Francis shares insight on the top five illegal interview questions UK employers are not allowed to ask, and what you should do if you encounter them.

1. How old are you? / What is your date of birth?

Under the Equality Act 2010, age is a protected characteristic, meaning it is unlawful for employers to discriminate based on age. Asking direct questions about your age or date of birth during an interview can be considered discriminatory unless the job specifically requires certain age restrictions (for example, minimum age to operate machinery). Interviewers should focus on your skills and experience instead.

2. Are you married? Do you have or plan to have children?

Questions about marital status, family plans, or pregnancy are illegal because they can lead to discrimination, especially against women. The Equality Act protects against discrimination related to pregnancy and maternity, as well as marital or civil partnership status. Employers cannot use this information to make hiring decisions.

3. What is your religion or belief?

An interviewer should not ask about your religion, beliefs, or related practices. This includes questions about religious holidays, dress, or worship practices. The Equality Act protects religion and belief as characteristics, preventing discrimination on this basis. Employers can only ask if religious practices will affect your ability to perform essential job duties.

4. Do you have any disabilities or health conditions?

Employers are prohibited from asking about disabilities or health conditions during the interview unless these are directly relevant to the role and necessary to assess reasonable adjustments. The Equality Act requires employers to make reasonable adjustments for disabled applicants. However, they cannot use this information to unfairly reject a candidate.

5. What is your nationality or country of origin?

While employers can ask if you have the legal right to work in the UK, questions about your nationality, ethnic origin, or where you were born can be discriminatory. The Equality Act covers race and ethnic origin as protected characteristics. Questions that suggest bias or unfair treatment based on these factors are unlawful.

“Job interviews are stressful enough without the fear of being asked questions that are irrelevant or illegal. Under the Equality Act 2010, UK employers must ensure their interview questions do not discriminate against candidates based on protected characteristics such as age, gender, religion, disability, or race.

If you are ever asked an inappropriate question during an interview, you have the right to politely decline to answer or ask how the question relates to the job role. Employers should focus strictly on your skills, experience, and qualifications.

Candidates should also be aware that they can raise concerns with the company’s HR department or seek advice from legal professionals if they feel discrimination has occurred. Being prepared and informed is key. Knowing your rights helps protect you from unfair treatment and ensures a fair hiring process,” says Legal Expert, Joseph Osborne from Osborne & Francis.

Understanding which interview questions are illegal empowers you to protect yourself during the job application process. Remember, the focus should always be on your abilities and suitability for the role, not personal details that could lead to discrimination.

If you encounter any of these illegal questions, stay calm, respond professionally, and know that you have the right to fair treatment.

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