Are they allowed to ask if I have children?

[QueenOfAllBiscuitsandMuffins]

Just seen this question on a job application.

"Do you have any caring responsibilities for anyone?

Yes No

If yes, please state whether they are: children under 16, sick, elderly or disabled."

Are they allowed to ask this?

No. But I've seen it a few times.
Sometimes it's on the equality section?

they are allowed to ask as long as they ask everyone

I think (but am not sure) that they can ask whatever they like as long as they ask it of everyone - eg can't ask a woman about childcare and not a man.

But whereas this question doesn't come under sex discrimination etc (because they're asking everyone) it does seem to discriminate against those with caring responsibilities (I'm assuming the Yes respondees would get a black mark, but that has to be just an assumption - they could say they're using the answers for statistical reasons or summat) and I don't know what protection there is for carers re this sort of thing.

But surely the answer will be the same (yes) whether you are a mother or a father?

Snowmaiden, I think the reason I was surprised as I think some men who are fathers (and maybe the main breadwinners) might answer no to this on the basis they are not the primary child carers, where a woman is more likely to automatically answer yes even if childcare is already in place. Does that make sense?

sounds like indirect discrimination to me.... you can ASK everyone, but if women are more likely to answer yes, because they are FACT more likely to be the primary caregivers, and if that answer makes them less likely to get the job, well..
why ask?
I had some training in the USA about this kind of thing and recruiters were only allowed to state the demands of the job eg. working late and then ask candidates if they were able to do that.. seems a more relevant approach to me

I see what you mean, but in terms of employment, then if both parents work full time one doesn't take primary care role over the other.

I would decline to answer as the question is unfair and I don't think employers have the right to ask.

is it public sector?

I always assumed it's because your allowed certain time off when necessary if you're a carer. I wouldn't have thought of including children in that equation though. I was thinking more about disabled people or the elderly.

We used to spell out the hours of the job and work-related flexibility required (one role was notoriously onerous, especially in the training phase, with attendance on residential courses needed). We did this for all applicants, and asked them to consider if they would be able to meet those requirements.

We weren't trying to find out what else was going on in their lives, or make assumptions about whether any particular issues would in themselves be problematic. We just needed to know if the candidate were fully aware of what they might be signing up to. In that way, it is fair to ask, because it is job-focussed and based on the known requirements; and ascertaining if they can do the role.

I think asking instead about circumstances is distinctly iffy as the answer would not in itself reveal the relevant information (ie availability for the necessary hours) and leaves the door open to questionable assumptions.

Thanks for all the replies.

Gallicgirl no it's not public sector.