Obtaining information for equality claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Obtaining information for equality claims
  • Impact of the removal of the statutory question and answer procedure
  • Asking questions
  • Format of questions
  • Example questions to ask
  • Further guidance
  • Providing answers
  • Format of answers
  • Further guidance
  • Service of questions and answers
  • More...

Obtaining information for equality claims

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

This Practice Note examines the current question and answer procedure in equality claims, which supersedes the revoked formal discrimination questionnaire procedure.

However, the revoked formal questionnaire procedure is still relevant, and so the impact of this is considered first.

Impact of the removal of the statutory question and answer procedure

Prior to 6 April 2014, section 138 of the Equality Act 2010 (EqA 2010) provided a statutory mechanism (known as the discrimination questionnaire procedure) for an individual to seek information from a person they thought may have:

  1. discriminated against, harassed or victimised that individual, or

  2. failed, in relation to that individual's contractual terms, to abide by the equality of terms protections in EqA 2010

From 6 April 2014, EqA 2010, s 138 was repealed, except for the purposes of claims that related to a contravention occurring before 6 April 2014.

The explanatory notes to section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) (the section that implemented the repeal of EqA 2010, s 138) state

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