Abolition of the statutory equal pay questionnaire

Equal pay claims are even more unlikely following the abolition, on 6 April 2014, of the statutory equal pay questionnaire that enabled a woman to ask her employer for information about pay before deciding whether or not to issue equal pay proceedings.

However, the abolition of the formal questionnaire procedure does not stop a woman asking structured questions in writing about her pay, as new Acas guidance, Asking and responding to questions of discrimination in the workplace (www.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf), makes clear.

Neither does it stop a tribunal taking into account a refusal to answer those questions, or unclear or evasive answers, when deciding whether an employer has engaged in unlawful discrimination.

The new Acas guidance suggests a three-step approach to the questioning process in relation to pay:

• identify your comparator;

• explain how they are doing equal work to you; and

• ask further relevant pay-related questions, such as, how is pay determined by the employer and what is in the comparator’s job description that could explain the difference in pay.

The new Acas guidance is discussed more generally on pages 200-201.