Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
The questionnaire procedure
Time limits
Beginning tribunal proceedings
Defending tribunal proceedings
Additional information and written answers
Disclosure and inspection
Witness orders
Case management discussions
Pre-hearing reviews
Hearings
Equal pay claims
Costs

Summary

6.213

• The "questionnaire procedure" is a pre-action procedure unique to discrimination cases. It allows an employee to gain further information from the employer in order to assess whether or not there are grounds for claiming discrimination. (See 6.215 The questionnaire procedure)
• There are strict time limits within which equal pay and discrimination claims have to be submitted to tribunal. (See 6.216 Time limits)
• Tribunal proceedings are instigated using the ET1 claim form. (See 6.217 Beginning tribunal proceedings)
• Prior to the repeal of the statutory dispute resolution procedures on 6 April 2009, individuals were not normally able to bring discrimination or equal pay claims - other than those relating to dismissal - unless they had first complied with step one of the statutory grievance procedure. The statutory procedures continue to apply in prescribed circumstances. (See 6.217 Beginning tribunal proceedings)
• An employer's response to a claim must be filed on an ET3 form. (See 6.218 Defending tribunal proceedings)
• "Additional information" may be requested when either the claim form or the response form fails to give adequate details. (See 6.219 Additional information and written answers)
• Prior to the actual hearing of the case, either party may request disclosure of relevant documentation from the other side. (See 6.220 Disclosure and inspection)
• Sometimes it will be necessary to request a "witness order" to persuade a valuable witness to attend. (See 6.221 Witness orders)
• Either party may apply for a hearing to clarify an issue or to get a ruling regarding an issue in the proceedings or to make orders for the conduct of the proceedings. In some cases an employment judge will set a hearing on his or her own initiative. (See 6.222 Case management discussions)
• The tribunal may hold a pre-hearing review to determine any interim or preliminary matter relating to the proceedings. (See 6.223 Pre-hearing reviews)
• There are no strict rules of evidence; however, the procedures are formal and adversarial. (See 6.224 Hearings)
• Equal pay claims start just as other discrimination claims but the actual process of the hearing will vary depending on whether the claim is for equal value or like work. (See 6.225 Equal pay claims)
• Costs are not normally awarded in employment tribunals but, in some circumstances, they can be awarded in respect of the costs of a legal representative or an award for preparation time can be made where a party is not legally represented. (See 6.226 Costs)

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Future developments

6.214 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.

The Equality Bill was formally introduced in the House of Commons on 24 April 2009, and received a second reading in May.