With effect from 06/04/14 the Statutory Questionnaire Procedure that previously applied in discrimination cases will be abolished.
Essentially, the Procedure allowed potential claimants an opportunity to put employers on the spot at an early stage regarding any suspected discrimination. If the employer failed to respond, responded equivocally, or its response lacked credibility, and the case proceeded to an Employment Tribunal Hearing, the response could form the basis of an inference that discrimination had in fact occurred.
The problem was that the Procedure was often used as a blatant, and far ranging, fishing expedition which employers found most burdensome.
However, the principle that an adverse inference may be drawn from an employer’s response (or failure to respond) to questions put to it in correspondence remains. ACAS has published guidance on asking and responding to questions of discrimination, which is in substance the same as the outgoing Procedure: so little has changed.
Employers should be alert to the possibility that correspondence from aggrieved employees or job applicants may be relied upon in any subsequent claim and that they must be responded to carefully, accurately and without delay.
- Agency Workers
- Case Studies
- Allegations of Sexual Abuse
- Associations with those convicted of a serious criminal offence
- Diabetes and Disability
- Human Rights
- Knowledge of Disability
- Reasonable Adjustments
- Reasonable Adjustments and Time Limits
- Religion & Belief
- Requirement of formal interview is disability discrimination
- Restrictive Covenants
- Right to be Accompanied
- Sexual orientation
- Social Media
- Strike Outs
- Time Limits
- Unfair Dismissal
- Voice Recording Meetings
- Worker Status
- Working Time
- A new flexible working culture for the UK?
- Discrimination Questionnaires bite the dust
- Disqualification by association
- Employment Tribunal Fees
- Mandatory ACAS Conciliation?
- Massive reduction in ET Claims
- New Regulations
- Obese Employees and Disability
- Partners' New Rights to Attend Ante-Natal Appointments
- Pensions auto-enrolment
- Redundancy and Maternity Leave
- Shared Parental Leave
- SSP no longer reclaimable by Employers
- The European Court of Justice says: 'holiday pay must include commission'
- UK Constitution
- Unfair Dismissal Compensation
- Without Prejudice and Protected Conversations
- Zero Hours Contracts