Is there a right to other workers’ scores?

No. An employer is not obliged to hand over the scores of other employees during the consultation process (Alexander and Hatherley v Bridgen Enterprises Ltd UKEAT/0107/04). However, if a member suspects discrimination or selection on unlawful grounds such as trade union activity, it can still be worthwhile asking direct questions in writing about the scores of other workers (anonymised).

Even though the statutory questionnaire procedure under the Equality Act 2010 was repealed by section 58 of the Enterprise and Regulatory Reform Act 2013, there is nothing to stop an employee asking questions of the employer and a tribunal can still draw adverse inferences from an employer’s evasive behaviour or refusal to answer them. Employees are supported by a helpful decision of the European Court of Justice, Meister v Speech Design Carrier Systems GMbH [2012] EqLR 602.

Acas provide guidance on asking questions of discrimination in the workplace which can be downloaded from its website.

An employee could request a copy of their scores under the GDPR (see guidance from the Information Commissioner’s website.