Asking questions about suspected discrimination 




The long-established statutory discrimination questionnaire procedure was abolished in April 2014. This procedure had allowed potential claimants to ask their employer structured written questions before deciding whether to bring a claim. 




Despite the abolition of the formal procedure, members can still 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. In practice, very little changed as a result of this politically motivated repeal. 


The Acas guidance provides a template to make it easier for potential claimants to frame their questions and to help keep them relevant and not excessive.






The guidance also warns that although employers 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.