NEWS EXTRA
IN THE WORLD of building supplies and merchanting, job interviews are often informal and straight to the point. But even in hands-on, practical industries, interviews are governed by laws that protect candidates from unfair treatment and discrimination.
Whether you’re moving from the yard to sales, stepping into a logistics role, or applying for a supervisor post in a still male- dominated sector, it’s important to understand what questions employers are legally allowed to ask, and when things cross a line.
Staying within the legal limits
Interview questions should focus on your ability to do the job. That means your experience, reliability, and capacity to meet the demands of the role. Employers should not be asking about your personal life—like whether you have children, what your childcare arrangements are, or if you’re planning a family.
Even casual comments like “Will the school run be a problem?” or “Do you live nearby?” can drift into inappropriate territory, especially if they influence the hiring decision. Assumptions that a parent won’t be as committed or that a woman isn’t suited to a leadership role may breach the Equality Act 2010.
If a question isn’t clearly relevant to the job itself, it shouldn’t be asked.
Discrimination before the job even starts Legal protections under the Equality Act begin the moment you apply. That includes the way interviews are arranged, how offers are made, or not made, and whether candidates are treated equally.
If an interview is scheduled only during school hours and no alternative is offered, that could amount to indirect sex discrimination. Likewise, if two applicants have similar experience but only one (usually the man) is offered a second interview, it may be grounds for challenge. If something feels off, speak to a solicitor before making a formal complaint. Many concerns can be resolved through early, constructive discussion.
8 Pregnancy
If you’re pregnant, you’re under no obligation to say so during an interview. Nor should you be asked. The employer must base their decision solely on your ability to carry out the role, not on assumptions about your future plans or home life. Rejecting a candidate based on the idea that they’ll be taking time off or less committed is not just unfair, it may be unlawful.
Support for disabled candidates
If you have a disability or a long- term condition like dyslexia, mobility limitations, or mental health challenges, you have the right to ask for reasonable adjustments to the interview process.
That could include having questions in writing ahead of time, more time for assessments, or a different interview format. These requests should be made when applying or when you’re invited to interview, so the employer has time to make arrangements.
Refusing to consider such adjustments, or penalising a candidate for asking, could amount to disability discrimination.
Asking about flexibility
In construction and merchanting roles, long hours and early starts are common. But that doesn’t mean flexibility is off the table. If you need part-time hours, adjusted shifts, or the option to work different days due to caring responsibilities, it’s entirely lawful to raise this during the interview. You can’t be turned down for a role just for asking, and as women often carry the bulk of caring duties, a refusal could lead to a discrimination claim. It’s better to have these conversations early, so that both sides know whether it is viable.
Talking pay
Wages in the sector vary widely depending on role and region. But what’s clear in law is this: you have a right to equal pay for equal work.
When discussing salary, keep the focus on skills, experience and market value — not what you earned in your last job. Past pay can reflect outdated or unfair structures and shouldn’t dictate what you’re offered now. It’s also reasonable to ask how pay is set and whether there’s a clear system behind it. Employers should be ready to explain.
HOW TO INTERVIEW… AND WHAT NOT TO ASK
BMJ finds out how to stay on the right side of the law when it comes to interviewing for new staff.
Background Checks Certain roles, especially those involving money, deliveries, or access to secure sites, may require background checks. These might include criminal record (DBS) checks or confirmation of work history. however, checks must be proportionate to the role. Running a credit check on a senior manager may be fair; doing the same for a warehouse assistant probably isn’t. Drug and alcohol tests are more common in safety-critical roles like HGV driving or plant operation. Even then, they must be justified and relevant. Routine testing without reason is harder to defend.
Keeping data private You might share personal details during an interview about health, background or family. That information is protected by data law (UK GDPR), and employers have a duty to handle it with care. Only people involved in recruitment should access your data, and it should be stored securely, then deleted when no longer needed. If your information is mishandled, you could have a claim for breach of data rights.
One final thought Interviews should be about what you bring to the job, not what others assume about your life, background, or circumstances. Whatever you’re applying for your legal rights apply just the same, and you should feel confident in speaking up if something doesn’t sit right. BMJ
Michelle Bruce is Associate at Buckles Solicitors, a regional law firm with offices in Peterborough, Nottingham, Cambridge, Stamford and London. It offers a full range of legal services: employment law, family law, medical negligence and private client matters.
www.buildersmerchantsjournal.net September 2025
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