Discrimination: ACAS guidance

ACAS has published non-binding, good practice guidance on how employers should deal with questions regarding discrimination in the workplace.

The guidance will replace the statutory discrimination questionnaire procedure currently in the Equality Act 2010.  The guidance will apply from 6 April 2014.

This repeal of the current ‘statutory questionnaire’ regime means that, from 6 April 2014, no adverse inferences will be able to be drawn from an employer’s failure to respond, or failure to respond helpfully, to questions asked about discrimination in the workplace. However, a Tribunal may look at whether and how an employer has answered questions as a contributory factor in making their overall decision on the questioner’s discrimination claim.