What to do now statutory questionnaires have been abolished?

Although the statutory questionnaire procedure has now been abolished as of 6 April 2014, the Government has said that individuals can still ask an employer or service provider about a situation where they think that he/she has been discriminated against.

The Government also said that Acas would provide guidance to assist individuals and organisations, which has now been published. A copy of the guidance can be found here.

The guidance sets out six steps to follow when requesting information in a discrimination context:-

  • what is the protected characteristic i.e. deaf;
  • the facts;
  • the type of discrimination;
  • why the is discriminatory; and
  • asking any additional questions which may be relevant.

The employer should be given a deadline, which could range from 14 days to 6 weeks. If they don’t respond, there is no penalty, but a Tribunal may look at whether the employer has answered questions and how they have answered them as a contributory factor in making their overall decision on the discrimination claim

NB. The above also applies to discrimination by service providers, educational institutions and landlords.

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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2 Responses

  1. 30 June 2014

    […] You could also send a questions form to Access to Work if the acts of discrimination occurred before 6 April 2014. Nonetheless, you can still ask Access to Work questions about the situation if it happened after 6 April 2014 (see here). […]

  2. 1 April 2015

    […] You could also send a questions form to Access to Work if the acts of discrimination occurred before 6 April 2014. Nonetheless, you can still ask Access to Work questions about the situation if it happened after 6 April 2014 (see here). […]

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