Asking questions about suspected discrimination

The long-established statutory discrimination questionnaire procedure was abolished in April 2014. The procedure gave potential claimants a formal window in which to ask their employer structured written questions before deciding whether to bring a claim. The ET had a statutory power to draw adverse inferences of discrimination from evasive or inaccurate responses.

This statutory procedure was replaced by informal Acas Guidance, Asking and responding to questions of discrimination in the workplace workplace but this has now been withdrawn.

ETs expect all claimants, including unrepresented ones, to make their own case before the tribunal, by proving the facts from which discrimination could be inferred (Royal Mail Group Limited v Efobi [2019] EWCA Civ 18). Without this evidence, the claim is likely to fail.