The questions procedure

It is good practice for a worker who thinks that they may have experienced unlawful discrimination, harassment or victimisation under equality law to seek relevant information from you before issuing a formal claim. This can help them to decide if they have a valid claim or not.

Claims about events which happened on or after 6 April 2014

For claims about events which took place on or after 6 April 2014 it is good practice for a worker who thinks that they may have experienced unlawful discrimination, harassment or victimisation under equality law to seek relevant information from you before issuing a formal claim.

Acas has produced non-statutory guidance for employers and workers asking and answering questions after 6 April 2014. It is available at //www.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf

That guidance makes it clear that you should treat any such questions seriously and promptly and not ignore them. Any such questions and answers can form part of the evidence in a case brought under the Equality Act 2010.

Whether the claim is about events that happened before 6 April 2014 or on or after that date, you must not treat a worker badly because they have sent you questions about a claim. If you do, it will almost certainly be unlawful victimisation under the Equality Act 2010.

 

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Last Updated: 26 Jan 2016