The question lands in interviews across Britain every day: “What are you currently earning?” Employers are legally entitled to ask, but candidates are under no statutory duty to answer. With the European Union moving to outlaw salary-history enquiries entirely, the UK finds itself at a crossroads — relying on voluntary transparency measures rather than a legislative ban.
The legal landscape in Britain
Under the Equality Act 2010, hiring managers must not discriminate against applicants on the basis of protected characteristics such as sex, race, disability or age. Yet no regulation explicitly forbids them from probing a candidate’s existing pay packet. Louise Rudd, a senior adviser at the Advisory, Conciliation and Arbitration Service (Acas), confirms that the law is silent on the matter. Employers who do raise the topic are expected to put the same question to every applicant to ensure consistent treatment.
Campaigners push for change
The Fawcett Society, which campaigns for gender equality, has long argued that anchoring offers to previous earnings bakes historic bias into new contracts. Women, ethnic-minority workers and disabled employees — groups that have traditionally been paid less — risk carrying those gaps from role to role. The charity’s #EndSalaryHistory drive, backed by the Recruitment and Employment Confederation (REC), urged firms to base compensation on skills, experience and the market rate for the vacancy instead.
Brussels acts while Westminster watches
From 2026, the EU Pay Transparency Directive will prohibit employers across the bloc from asking about pay history during recruitment. Member states must also require salary ranges in job adverts. The UK government has so far declined to mirror the ban. Cabinet Office guidance focuses on encouraging — not mandating — the publication of salary bands in advertisements, leaving the door open for the question to persist in British interview rooms.
How to handle the question
Candidates who prefer not to disclose can pivot to their salary expectations or cite market data for the role. Shazia Ejaz, director of campaigns at the REC, advises jobseekers to approach the conversation with “realism but also confidence”. She adds: “Candidates can focus on showcasing the value they bring, the benefits that matter most to them and to go to the interview knowing the market rate for the role.” Inflating a current salary is risky; dishonesty discovered later can constitute gross misconduct.
Why it Matters
Until the UK follows Brussels in outlawing the practice, the burden falls on individual applicants to navigate a question that can cement pay inequality for years. Transparency in job adverts helps, but without a legal backstop the power dynamic remains tilted toward the employer — and the gender and ethnicity pay gaps that campaigners have spent decades trying to close may prove harder to shift.
