Equality Act 2010: forms for obtaining information published
The Government has published the forms that employees may use to pose questions to their employer, to help them determine whether or not they have been discriminated against under the Equality Act 2010.
Employees who consider that their employer has discriminated against, harassed or victimised them, or that they have not received equal pay or have received less favourable contractual terms, are entitled to send their employer a form to obtain further information about the treatment. The purpose of the form is to help the employee understand why he or she was treated in a particular way and whether or not there are grounds for believing that the treatment amounted to a breach of the Equality Act.
The Equality Act 2010 (Obtaining Information Order) 2010 (SI 2010/2194) prescribes one form for an employee to pose questions to his or her employer about an act of discrimination that does not involve equal pay, and another form for an employee to pose questions to his or her employer about equal pay. The forms replace the individual discrimination questionnaires.
The Government has also produced the forms that employers should use to respond to an employee's form. The forms enable employers to confirm whether or not they agree with the employee's allegations, and if they do not agree, to explain the reasons why. The information given can help the parties to identify what issues are in dispute, which can help them to settle a complaint or facilitate future employment tribunal proceedings if they are issued.
The Order sets out the procedure for serving the forms. An employer is not obliged to complete the response form. However, a question or answer on a form is admissible as evidence in employment tribunal proceedings. If an employer does not reply to an employee's form within eight weeks, or gives an evasive or equivocal answer, a tribunal is entitled to draw conclusions from this.
The Government has also published the Equality Act 2010 (Qualifying Compromise Contract Specified Person) Order 2010 (SI 2010/2192), which provides that, for the purposes of s.144 of the Equality Act 2010, a Fellow of the Institute of Legal Executives can act as an independent adviser to settle a complaint of discrimination. It has also published the Equality Act 2010 (Commencement No.3) Order 2010 (SI 2010/2191), which brings into force s.96(9)(b) of the Equality Act 2010, which relates to making regulations prescribing the situations in which a qualifications body is not obliged to make reasonable adjustments.
- The Equality Act 2010 (Obtaining Information) Order 2010 View the full text of the legislation that prescribes forms for obtaining information on the UK legislation website.
- The Equality Act 2010 (Qualifying Compromise Contract Specified Person) Order 2010 View the full text of the legislation covering who may act as an independent advisor on the UK legislation website.
- The Equality Act 2010 (Commencement No.3) Order 2010 View the full text of the legislation bringing into force s.96(9)(b) of the Equality Act on the UK legislation website.
Also
Outlook video: Equality Act - disability XpertHR's head of content Jo Stubbs and group editor David Shepherd discuss changes to the law on disability discrimination that will be brought in by the Equality Act 2010.
XpertHR has been reporting on developments on the Equality Act 2010:
- Equality Act 2010: new secondary legislation supports definition of disability The Government has published the Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128), which include provisions that support the definition of disability in the Equality Act 2010 coming into force on 1 October 2010.
- Government issues draft guidance on definition of disability in Equality Act 2010 The Government has launched a consultation on draft guidance on matters to be taken into account in determining whether or not an employee is disabled under the Equality Act 2010.
- Government consults on the public sector equality duty The Government Equalities Office has launched a consultation on the public sector equality duty under the Equality Act 2010. The consultation document is asking for views on draft regulations on the specific equality duties, and on which public bodies will be subject to those duties.
