Employment Matters Update — April 2014: abolition of discrimination questionnaires; mandatory ACAS conciliation; and more
Employers and HR professionals will probably cheer the news that discrimination questionnaires are being abolished. But don’t celebrate too soon: employees will still be able to ask questions about possible discrimination, just by sending an ordinary letter rather than using the questionnaire format. ACAS has published guidance about what to include in an information request letter, and it looks very similar to the old questionnaire form.
Employers were never legally obliged to respond to discrimination questionnaires, but faced the possibility in any subsequent claim that the tribunal would draw ‘adverse inferences’ if they failed to do so. With the new format, there will be no adverse inferences, but the ACAS guidance states that the tribunal ‘may look at whether a responder has answered questions and how they have answered them, as a contributory factor in making their overall decision on the questioner’s discrimination claim’. It’s not clear whether there will be any practical difference to the old regime of adverse inference…
Click on the link below to read the rest of the Collyer Bristow briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Collyer Bristow
News from The Lawyer
Briefings from Collyer Bristow
The judgment represents a turning point in the phone-hacking litigation, says Collyer Bristow’s Steven Heffer
Interim ‘relief’ (or ‘measures’) cover a variety of different orders that may be made pending the outcome of an arbitration. Whether such measures are available depends on a number of factors.