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.