As an expert HR consultant in Ipswich, I’ll explain the common interview questions that could land your business in hot water.
Hiring new talent is exciting. You’re looking for the right person to help your business grow, bring new energy, and ultimately boost your bottom line. But what if a seemingly innocent question during an interview could derail all that, costing you time, money, and a whole lot of stress?
I see this pattern regularly in my work providing HR consultancy services in Ipswich – brilliant business owners inadvertently putting themselves at risk.
Many business owners I work with are surprised to learn that even casual small talk in an interview can lead to legal issues. You’re not trying to be discriminatory, of course, but employment law is complex, and it’s easy to stumble into sensitive areas without realising it.
No business wants to end up in tribunal for a simple oversight, especially when you’re just trying to find the best fit for your team. Let’s make that easier.
The hidden traps in interview small talk
It’s natural to want to build rapport with a candidate. You want to get to know the person behind the CV. But here’s where it gets tricky: what feels like friendly conversation can inadvertently touch upon ‘protected characteristics’ under UK employment law.
This isn’t about being overly formal; it’s about protecting your business from potential discrimination claims and ensuring a fair process for everyone.
Key topics to steer clear of
To keep your interviews compliant and focused, avoid these common pitfalls:
Family and children
Questions like “Are you married?”, “Do you have children?”, or “Are you planning a family soon?” might seem like friendly small talk, but they can be seen as discriminatory based on marital status or sex.
Instead, focus on: The candidate’s availability and ability to meet the job requirements, such as working hours or travel, without reference to their personal life.
Health or disability
Asking “Do you have any health issues that might affect your work?” or about specific medical conditions.
Instead, focus on: The candidate’s ability to perform the essential functions of the role. You can ask about any reasonable adjustments needed for the interview itself, or for the role if they are successful, but this should typically come after a job offer.
Spent convictions
Asking generally about criminal history without understanding the rules.
Instead, focus on: Only asking about unspent convictions, and only when the role is legally exempt from the ‘spent’ rules (e.g., working with children or vulnerable adults). Always check the specific legal requirements for your industry.
Union membership
Asking “Are you a member of a trade union?” or about any past or present union involvement.
Instead, focus on: This is a protected characteristic, and any questions about it are off-limits.
Age
Direct questions like “How old are you?” or indirect ones such as “When did you leave school?” or “How many years until you retire?”
Instead, focus on: The candidate’s skills, experience, and qualifications relevant to the role, regardless of their age.
Why these rules exist (and why they matter to your business)
These rules aren’t there to make hiring harder; they’re designed to ensure fairness, prevent discrimination, and keep the focus firmly on whether a candidate can actually do the job. Here’s what that really means for your business:
Avoiding costly tribunals
Discrimination claims are expensive, time-consuming, and damaging to your hard-earned reputation.
Building a diverse, effective team
When you keep your interviews focused solely on skills and experience, you open your doors to a wider, more talented pool of candidates who can genuinely drive your business forward.
Protecting your brand and culture
Being known as a fair and ethical employer attracts better candidates, reduces staff turnover, and builds a positive culture that supports your business goals.
Practical steps to get it right
So, how do you make sure your interviews are compliant and effective, protecting your business while finding the best talent?
- Review your questions: Go through your standard interview questions and weed out anything that could be problematic. Replace them with job-specific, skill-based enquiries.
- Train your hiring managers: Even experienced managers can slip up. Ensure everyone involved in recruitment understands what is and isn’t appropriate to ask, and why.
- Structure your interviews: Using a consistent, job-focused structure for all candidates helps keep discussions on track and reduces the risk of straying into sensitive areas.
How an HR consultant can help
This doesn’t need to be complicated. You don’t need to be an expert in employment law — that’s my job. As an HR consultant, I regularly help businesses like yours refine their recruitment processes. I can:
- Review your current processes: I’ll audit your interview questions and overall recruitment journey to ensure full compliance with UK employment law.
- Train your team: I provide tailored training for hiring managers, giving them the confidence and knowledge to conduct lawful and effective interviews.
- Provide compliant question banks: I can create a bank of job-specific, legally sound questions that ensure you gather the right information without risk.
- Offer ongoing advice: Get expert guidance whenever you’re unsure, helping you avoid costly recruitment mistakes before they happen.
Ready to explore how this could work for your business?
If you’re worried about navigating the complexities of recruitment law, or simply want to ensure your hiring process is robust and fair, let’s have a conversation.
As an outsourced HR consultant in Ipswich, I’ve helped countless UK businesses secure the best talent whilst protecting themselves from legal pitfalls.
Book a confidential call today, and let’s discuss how we can make your recruitment process simpler, safer, and more successful.
