In a sector where recruitment is constant and first impressions matter, the interview is often treated as a quick, informal chat. But for employers, slipping into casual questioning can expose you to significant legal risk
Michelle Bruce, associate at Buckles Solicitors, puts it simply when she says the law around interviewing is clear. “Candidates must be assessed on their ability to do the job, not on personal circumstances or assumptions. Missteps at this stage can lead to discrimination claims before an employment relationship even begins.”
Keep questions job-focused
The golden rule, according to Michelle, is relevance and, therefore, interview questions should only explore whether a candidate can perform the role. That means avoiding queries about marital status, childcare, pregnancy, or future family plans, she explains. “Even apparently harmless comments like “Do you live locally?” or “Will childcare be an issue for late shifts?” risk straying into discriminatory territory if they influence your decision. If the question is not directly tied to the essential requirements of the job, it should not be asked.”
Understanding discrimination risks
The Equality Act 2010 applies at the recruitment stage, not just once a person is employed. That means your selection process, interview arrangements, the questions you ask, and the decisions you make must not disadvantage applicants on the basis of sex, age, race, disability, religion or other protected characteristics. “For example, if interviews are offered only at times that exclude parents with childcare responsibilities, this could amount to indirect sex discrimination,” explains Michelle.
Making adjustments
Hospitality is fast-paced, but if an applicant has a disability or long-term health condition, you are legally obliged to consider reasonable adjustments to the interview process. “That might include providing written questions in advance, allowing extra time for a test, or holding the interview in a quieter space. Employers can only act if they know about the need, so encourage candidates to let you know early. Once aware, failing to accommodate adjustments can be unlawful.”
Flexibility at interview
Hospitality employers know shift work can be demanding. But candidates are entitled to ask about flexible working arrangements, and Michelle emphasises you cannot reject someone simply for raising it. “If flexibility requests are dismissed out of hand, particularly where they impact specific groups), your business could be exposed to claims. Handling these conversations openly and constructively at interview not only avoids legal risk but can improve retention.”
Pay transparency
Equal pay is not just a moral principle, it is a legal requirement. Under the Equality Act, men and women must receive equal pay for equal work. When setting pay, Michelle advises against relying on previous salaries, which can entrench inequalities. “Instead, base offers on skills, qualifications and the demands of the role,” she says. “Be prepared to explain how rates are determined and ensure consistency across your team. A transparent pay structure not only reduces legal exposure but also builds trust with staff.”
Background checks and data protection
Right-to-work checks are a standard part of hospitality recruitment, and in some roles a DBS check may also be appropriate. But Michelle advises background checks must always be proportionate to the role. “Applying unnecessary checks, such as credit vetting for front-of-house staff, could be difficult to justify. Employers also carry strict duties under UK GDPR: candidate data should be used only for recruitment, stored securely, shared on a need-to-know basis, and deleted when no longer required.”
Why it matters
The interview is the first chance for your business to show professionalism. Poor practices — intrusive questions, failure to consider adjustments, inconsistent pay offers — not only risk legal challenge but can damage your reputation in a highly competitive labour market. “A fair, transparent approach will attract stronger candidates and improve staff loyalty, while keeping your business on the right side of the law,” Michelle concludes.
