A fair, structured interview process protects your business from discrimination claims and helps you hire the best candidate. Under the Equality Act 2010, your interview questions and practices must not discriminate against candidates based on any of the nine protected characteristics.
Structuring Your Interviews
- Use consistent questions — ask all candidates the same core questions to ensure fairness and allow objective comparison
- Score against criteria — use a scoring matrix linked to the essential and desirable criteria from the job description
- Use competency-based questions — "Tell me about a time when..." questions reveal actual capability better than hypotheticals
- Include a panel — at least two interviewers reduces individual bias
- Take notes — document answers during the interview; don't rely on memory
Questions You Must NOT Ask
- Health and disability — you cannot ask about health conditions before making a conditional job offer (except for specific occupational requirements)
- Family plans — "Are you planning to have children?" is unlawful discrimination
- Age — avoid asking when they graduated or how old they are
- Religion — unless it's a genuine occupational requirement
- Marital status — irrelevant to the role
- Criminal record — only ask if the role requires a DBS check and follow the Rehabilitation of Offenders Act
After the Interview
- Keep interview notes for at least 6 months (the tribunal claim window)
- Provide feedback to unsuccessful candidates if requested
- Carry out right to work checks before the employee starts
- Issue a compliant employment contract promptly
Our recruitment support service provides interview frameworks, scoring templates, and guidance to ensure your hiring process is fair and legally compliant. Talk to our team.