Government Consultation On Abolishing Discrimination Questionnaires

The government has issued two consultations in which it proposes a raft of reforms to the Equality Act 2010 as part of its "red tape challenge". The most significant of the proposed changes is the abolition of discrimination questionnaires, which have been a feature of discrimination law for over 35 years.

As you will be aware, an individual who thinks they may have a discrimination claim can submit written questions to their employer. Although the employer is not obliged to reply, if the employee subsequently brings a claim, the tribunal may draw an adverse inference from the employer's failure to...