5 Interview Questions to Avoid (and What to Ask Instead)
Hiring a new team member can be exciting – and nerve-wracking.
As a female business owner, you want to find the right fit for your growing team while keeping things relaxed and conversational.
But there’s a fine line between friendly small talk and questions that could expose your business to employment law risks.
Even with the best intentions, a few innocent questions can lead to discrimination claims under the Equality Act 2010.
To protect yourself — and ensure a fair interview process — here are five questions you should never ask in an interview (and what to ask instead).
1. Don’t Ask About Family, Children or Future Plans
It’s tempting to ask, “Do you have kids?” or “Are you planning a family?” – especially when you’re trying to build rapport.
But even casual conversation about family can be interpreted as bias. You might (even subconsciously) make assumptions about a candidate’s availability, flexibility, or long-term commitment based on their personal life.
What to ask instead:
Focus on the job requirements, not personal circumstances.
For example:
“This role sometimes involves early starts or flexible hours. Would that work for you?”
Keep your questions relevant to the work – not the person’s private life.
2. Avoid Health or Disability Questions (Except for Adjustments)
You can (and should) ask if a candidate needs any reasonable adjustments for the interview.
That’s good practice and shows you’re committed to inclusivity.
However, asking about medical conditions, disabilities or overall health before making a job offer is not allowed under UK employment law.
What to ask instead:
“Are you able to carry out the key responsibilities of the role with or without adjustments?”
This keeps your process inclusive and legally compliant.
3. Don’t Ask About Criminal Records (Unless Legally Required)
Under the Rehabilitation of Offenders Act, most roles don’t allow you to ask about “spent” convictions.
Only certain jobs – such as those involving vulnerable people or financial responsibilities – are exempt.
What to do:
If you’re unsure whether your role qualifies for an exception, check the UK government guidance or get HR advice before raising this topic in an interview.
4. Avoid Questions About Union Membership
Asking someone if they belong to a union (or have in the past) can be viewed as discriminatory under the Equality Act.
It’s irrelevant to their ability to do the job and may give the impression you’d treat candidates differently based on union involvement.
What to focus on:
Ask questions about collaboration, communication, and how they work in a team instead.
5. Don’t Ask About Age (Directly or Indirectly)
Questions like “What year did you leave school?” or “How long have you been in the industry?” can easily reveal someone’s age — and lead to age discrimination concerns.
Even if age feels relevant to experience, it’s safer to focus on skills and capability, not assumptions.
What to ask instead:
“Can you tell me about your experience in similar roles or projects?”
This keeps the focus on ability, not age.
Why These Questions Matter
These aren’t just “HR best practices”, they’re legal requirements that protect both your candidates and your business.
When you avoid these topics, you:
Reduce your legal risk Create a fairer, more professional interview process Build a reputation as an ethical, inclusive employer
The best interviews always focus on skills, values and fit, not personal details.
Next Steps for Female Founders
Take a look at your current hiring process.
Are there any questions that might cross into these risky areas?
If you’ve got other people involved in interviews, make sure they understand these boundaries too – one wrong question could create unnecessary risk for your business.
If you’re unsure what’s safe to ask or want help designing interview questions that are fair, legal and effective, I can help.
Need HR Support You Can Trust?
I work with female founders and small business owners to make hiring simpler, safer and stress-free.
From creating interview templates to training your managers, I’ll help you stay compliant while building a brilliant team.
