From a casual chat to compliance risk, seemingly harmless questions during job interviews can land employers in hot water if they stray into protected territory. Michelle Bruce, associate at Buckles, explains.
For those working in the fast-moving world of childrenswear, whether on the shopfloor, in buying and merchandising, design studios or brand management, the interview process can feel like much more than a routine step into a new role. It is often a highly personal encounter, where creative ambition and professional skill meet the vulnerability of being judged in a competitive industry.
That’s why understanding your legal rights in this context is so important. It isn’t only about defending against discrimination; it’s about making sure your career trajectory is not compromised by questions or assumptions that should never form part of the hiring process.
For women in particular, who still too often face outdated assumptions or intrusive questioning during interviews, the law provides safeguards designed to protect fairness and dignity. Knowing these rights is key to approaching interviews with confidence.
What can and can’t be asked?
Interviewers should only ask questions relevant to your ability and willingness to perform the role. They are not permitted to ask about your personal circumstances or family life, such as whether you are married, have children, or plan to start a family.
Even apparently harmless small talk can stray into dangerous territory. Questions like “Do you live nearby?” or “Would school runs get in the way of early starts?” might sound casual, but they are legally inappropriate. If they are used to influence a decision, they may reveal discriminatory thinking.
Pregnancy, too, is never something you are required to disclose at an interview. Nor should employers assume that parents of young children are less flexible, committed, or ambitious. Such assumptions are not just outdated — they may also be unlawful. The test is always whether a question relates to the essential requirements of the job. If it doesn’t, it has no place in the process.
Discrimination in the interview process
The Equality Act 2010 protects applicants even before an offer of employment. This includes the decision to offer an interview, the way interviews are scheduled, the terms on which employment is offered, and decisions not to hire.
In childrenswear, where many roles involve irregular hours or seasonal peaks, discrimination risks can arise around interview arrangements. For example, if you are only offered an interview slot in the evening and no alternative is provided – which may be impossible to attend for someone with childcare responsibilities – you may have grounds to claim indirect sex discrimination.
Bias does not need to be explicit to be challenged. If the way the process is run suggests assumptions based on gender, age, or family status, this too can give rise to legal claims. However, it is always advisable to seek advice before taking formal steps. Sometimes concerns can be resolved through constructive discussion or clarification.
Requesting adjustments for a fair process
Those with a disability or long-term health condition, whether dyslexia, anxiety, or a physical impairment, are entitled to request reasonable adjustments. In a retail or design context, this could mean extra time for written assessments, receiving materials in advance, or a quieter interview setting for those sensitive to noise.
It is important to notify the employer in advance so that adjustments can be made. Once informed, the employer has a legal duty to act. Failing to do so could amount to disability discrimination.
Requesting adjustments should never disadvantage you. You cannot lawfully be passed over simply because you disclosed a condition or asked for support. These rights are in place to ensure all candidates have a fair opportunity to demonstrate their ability.
Talking about flexibility
The retail and clothing industry is known for long hours, weekend work, and tight deadlines around launches or seasonal collections. It is therefore natural and entirely lawful to ask about flexible working during an interview.
Whether that means part-time hours, hybrid working, or an adjusted rota, employers cannot penalise you for raising the subject. If flexibility is refused in a way that disproportionately disadvantages certain groups, there may be grounds for a discrimination claim.
Having this conversation early is often best. It ensures transparency and helps both parties decide whether expectations are aligned. Asking about flexibility should be seen as a sign of planning, not a lack of commitment.
Salary negotiations and pay equality
Equal pay rights apply across fashion and retail just as they do in other sectors. If a male colleague is being paid more for doing the same or a comparable role, without objective justification, you may have a legal claim.
When negotiating salary, it is best to focus on your skills, experience, and the value you bring to the business, not on what you earned in your previous role. Discussing past pay risks entrenching existing disparities. Increasingly, progressive employers are moving away from this practice.
It is also legitimate to ask how a salary figure has been calculated and whether the business uses a transparent pay structure. Employers should be willing to answer these questions openly. For an industry where gender pay gaps have long been under scrutiny, transparency is crucial.
Background checks
Some roles in childrenswear involve background checks, particularly in positions of trust – such as senior finance, logistics, or roles that involve working with vulnerable people. Disclosure and Barring Service (DBS) checks, or credit checks, may be appropriate in certain contexts.
However, checks must always be proportionate. It might be defensible to run a credit check on a finance director, but not on a retail assistant. Similarly, drug and alcohol testing is usually reserved for safety-critical roles. Routine testing of candidates without justification could raise serious legal concerns.
Protecting your privacy
Interviews inevitably involve sharing personal information, from health disclosures to personal or financial details. Employers have a legal duty to treat this information confidentially, in line with data protection law and the UK GDPR.
Only those directly involved in recruitment should access your data. It must also be securely stored and deleted when no longer needed. If your data is misused or shared without permission, you may have a claim for breach of confidence or data protection rights.
You are entitled to expect professionalism and discretion. If those standards are not met, you are entitled to challenge the conduct.
Final thoughts
Interviews should be empowering. A chance to showcase your skills, creativity, and business acumen, and to find a role that supports your career in childrenswear. You should never feel obliged to answer inappropriate questions or accept discriminatory treatment.
Knowing your rights is the first step to ensuring fairness. If you ever feel uncertain, seeking early advice from a legal professional can provide clarity and protect your position. At Buckles, we are committed to helping both candidates and employers build recruitment practices that are respectful, inclusive, and legally compliant in childrenswear, fashion and beyond.