Don’t let interview small talk lead to big legal trouble

30 Oct 2025

By Albany HR.

As an HR consultant in Edinburgh, I’ll highlight which common interview questions can inadvertently put your business at risk, and how to ensure your recruitment process is fair and compliant.

Hiring new team members is an exciting time for any business owner. You’re looking for that perfect fit – someone who’ll not only excel at the job but also become a valuable part of your team. In your eagerness to get to know a candidate, it’s easy for conversations to drift into casual territory; a friendly chat about their life outside of work.

But here’s the crucial bit: even well-intentioned small talk can unintentionally open your business up to serious legal risks. Many business owners we work with, often seeking HR consultancy services in Edinburgh, are surprised to learn just how quickly a seemingly innocent question can lead to a discrimination claim.

The good news is, with a little awareness and the right approach, you can carry out interviews confidently, ensuring you’re hiring the best talent fairly and lawfully, protecting both your business and your future employees.

The hidden risks in seemingly harmless questions

Your primary goal in an interview is to assess a candidate’s suitability for the role. That means focusing on their skills, experience, and how they align with the job’s requirements. When questions stray into personal territory, you risk two things: first, gathering information that isn’t relevant to the job, and second, potentially asking about ‘protected characteristics’ which could lead to claims of discrimination.

It’s about making sure your hiring decisions are purely based on a candidate’s ability to do the job, not on personal circumstances that have no bearing on their performance. This protects your business from costly legal battles and ensures you’re building stronger teams and better workplaces based on merit.

Key topics to steer clear of in interviews

To help you conduct interviews with clarity and confidence, here are some common areas you should avoid discussing:

• Family and Children: Questions about marital status, whether someone has children, or their family plans are off-limits. Instead, focus on their availability for the role, their ability to undertake the working hours, and any necessary travel requirements.
• Health or Disability: Unless it directly relates to a reasonable adjustment needed for the interview itself, or the essential functions of the job, avoid asking about a candidate’s health or any disabilities. The focus should always be on their ability to perform the core duties of the role.
• Spent Convictions: The rules around asking about criminal history are complex in the UK. In most cases, you can ask about unspent convictions, but only when the role is legally exempt from the ‘spent’ rules. Always check if a role is legally exempt before discussing criminal history.
• Union Membership: Avoid any questions about a candidate’s past or present involvement with trade unions. While trade union membership isn’t a protected characteristic under the Equality Act 2010, it is protected by other legislation, and asking about it can expose you to legal claims of unfair treatment or discrimination.
• Age: Steer clear of direct or indirect questions about a candidate’s age. Instead, focus on their experience, qualifications, and skills. Asking about their career timeline or when they graduated can inadvertently reveal their age and should be avoided.

Practical steps for confident and compliant interviewing

Working within these rules might seem like a lot, but by implementing a few practical steps, you can simplify your recruitment process and gain peace of mind:

• Review and Update Your Questions: Take the time to go through your standard interview question lists. Remove anything that touches on the ‘avoid’ topics above.
• Train Your Hiring Managers: Ensure everyone involved in interviewing, from senior leaders to line managers, understands what is and isn’t appropriate to ask. This is a critical step in preventing accidental missteps.
• Keep Interviews Structured and Job-Focused: A structured interview, where you ask all candidates the same job-related questions, is not only fairer but also more effective in identifying the best talent. It keeps the conversation focused on what truly matters. 

These practical steps make a lasting impact on your recruitment process, helping you to hire brilliantly and build a reputation as an employer of choice.

Ready to ensure your hiring process is watertight?

The complexities of employment law can feel daunting, especially when you’re focused on running your business. But getting it right in your recruitment process isn’t just about avoiding legal headaches; it’s about building a reputation as a fair, ethical employer that attracts top talent.

If you’d like to review your interview practices, train your hiring managers, or simply want the peace of mind that comes with compliant and effective recruitment and selection, we’re here to help. As an experienced HR consultant, I specialise in helping businesses like yours create clarity and confidence in their hiring, ensuring every interview is an opportunity to find the best person for the role, without unnecessary risk.

Let’s have a confidential chat about how we can refine your recruitment process, giving you the tools and knowledge to hire well, every time. Book a discovery call today – https://calendly.com/albanyhr/hr-healthcheck?