Interview questions: what you can and can't ask

Start from what the job needs

Write down what the role needs before you shortlist: a few essential requirements and some desirable ones. Every question should help you find out whether someone meets one of them.

Ask every candidate the same core questions, then follow up on what they say. Ask for real examples: what they did, what happened, and what they'd do differently. Score the evidence against each requirement, not how much you liked them.

Candidates can bring a discrimination claim even though they never worked for you, and there's no qualifying period. A clear list of requirements and the same questions for everyone is your best evidence that the decision was fair.

Health and disability: wait until after the offer

Section 60 of the Equality Act 2010 says you mustn't ask about a candidate's health or disability before you offer them the job. That includes questions on the application form, at interview, and to referees, such as how many sick days they had.

There are a few exceptions. You can ask:

• whether they need adjustments for the interview or any test
• whether they can do something that is essential to the job, such as lifting for a warehouse role, and only that
• monitoring questions, kept separate from the people deciding
• questions needed for national security vetting, where it applies

Once you've made an offer, you can ask health questions, for example through an occupational health questionnaire, and make the offer conditional on it. If the answers show a disability, you must consider reasonable adjustments before deciding anything.

Questions to leave out

• Age, or when they left school, unless it's about a legal age limit for the job.
• Whether they're married, have children, plan a family or need childcare. Ask everyone whether they can work the hours the job needs.
• Religion, sexual orientation, or where they or their family are from.
• Whether they belong to a trade union. Refusing someone a job because they are or aren't a member is unlawful.

If a candidate brings something up themselves, such as a disability or pregnancy, don't explore it. Thank them, say it won't affect the decision, and move back to the job.

Right to work and criminal records

You can tell candidates you'll check their right to work in the UK if they're offered the job. Say it to every candidate, not only those you think might not be British. Checking only some people risks a race discrimination claim.

You can ask about unspent convictions. You can only ask about spent ones if the role is listed as exempt, which is usually the same roles that are eligible for a Standard or Enhanced DBS check. Scotland has its own rules on disclosure.

Notes and how long to keep them

Candidates can ask to see what you wrote about them. Write down the evidence they gave, not opinions you couldn't explain.

Keep notes and scoring sheets for about 7 months after you tell an unsuccessful candidate. That covers the 6-month time limit for a claim and early conciliation. Then delete them, and say in your privacy notice that you do.