How to respond to a statutory discrimination questionnaire
Author: Janice Nairns
NOTE: The statutory discrimination questionnaire procedure is being repealed. The procedure remains in force only for the purposes of proceedings that relate to a contravention that occurred before 6 April 2014.
This guide applies to responding to questionnaires under the statutory procedure. However, it remains relevant after 6 April 2014, as employers that receive a questionnaire after that date may still be under a statutory obligation to respond if the questions relate to alleged discrimination that occurred before 6 April 2014. Prudent employers may decide to respond to reasonable requests for information in any event.
Summary
Click on any of the hyperlinks to go to more detailed guidance below.
- Appreciate the purpose of the discrimination questionnaire and the role that it serves in establishing whether or not an individual has a genuine claim.
- Familiarise yourself with the contents of the pro forma discrimination questionnaires and response forms but remember that it is not mandatory to use the pro forma documents.
- Be aware of the time limits for submitting a response to a discrimination questionnaire and the penalties should these be ignored.
- Do not respond to the discrimination questionnaire without adequate preparation or legal advice. In particular, appreciate the legal definitions relevant to the claim in question.
- Be sure to provide clear and adequate justification for any failure to provide the information requested in a discrimination questionnaire.
- Consider issues of confidentiality in preparing the response and either secure the consent of any other affected employees or draft answers in a way that minimises the data protection implications.
- Recognise the potential benefits of the discrimination questionnaire for the organisation.
- Take time to consider the possible benefits of early disclosure of supporting documentation where this undermines the complainant's allegations.
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