Respond to a discrimination questionnaire

NOTE: The statutory discrimination questionnaire procedure was repealed with effect from 6 April 2014 and remains relevant only for the purposes of proceedings that relate to a contravention that occurred before that date.

This task is about responding to a questionnaire under the statutory discrimination questionnaire 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.

Key points

  • The Equality Act 2010 allows individuals who think that they have been discriminated against because of a protected characteristic to send the employer a questionnaire to obtain information.
  • The individual can use the questionnaire to gather information to decide whether or not he or she has grounds for a tribunal claim, and to gather evidence to use if he or she does decide to pursue a claim.
  • The employment tribunal can draw adverse inferences if, without good reason, the employer does not respond to the questionnaire within the prescribed time limit or if it provides evasive answers.

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