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Dr C D'Silva v NATFHE (now known as University and College Union) & Others

This report relates to 1 case(s)

statutory questionnaire | failure to complete | no automatic presumption of discrimination

In Dr C D'Silva v NATFHE (now known as University and College Union) & Others EAT/0384/07, the Employment Appeal Tribunal has set out a reminder that a failure to respond to an employee's statutory discrimination questionnaire does not, without more, automatically give rise to an inference of discrimination.

Mr Justice Underhill stated that there was a tendency in discrimination cases for claimants, and sometimes tribunals, to rely on respondents' failure to answer a statutory questionnaire, or to provide other information or documents, as automatically raising a presumption of discrimination.