Asking questions about suspected discrimination

Individuals who suspect that they are the targets of discrimination can ask their employer formal structured questions before deciding whether to issue tribunal proceedings. Guidance from Acas, Asking and responding to questions of discrimination in the workplace, explains how to do this and provides a template to help potential claimants frame their questions and keep them relevant and not excessive.

The guidance warns employers that although they are not legally obliged to answer questions, a tribunal can take into account a failure to respond or an evasive or inconsistent response, in any discrimination claim. Failure to answer can help shift the burden of proof (see above). The guidance is available from the Acas website.