New streamlined procedure for obtaining information about potential discrimination and equality of term cases
16th June 2010
PLEASE NOTE THAT THIS CONSULTATION IS NOW
CLOSED
One of the ways in which the Equality Act
2010 streamlines discrimination law is by replacing a series of
nine individual questionnaires about possible discrimination (for
sex, disability, sexual orientation etc), with a single set of
paperwork (guidance and forms) for all types of discrimination.
There will also be new guidance and forms for equality of terms
issues (formally known as the equal pay provisions).
We are consulting on the draft paperwork for obtaining
information about potential discrimination and equality of term
cases. The new paperwork will come into use when the Equality Act 2010 comes into force later this
year.
Discrimination law currently provides a process for a person who
thinks that he or she may have been unlawfully discriminated
against, harassed or victimised to obtain information from the
person they think has acted unlawfully against them. The process
allows an employee or a consumer of a service or goods for example
to request information before deciding whether to present a claim
to an employment tribunal or court.
A prospective claimant can ask to obtain background information
to assist their claim, e.g. relative numbers of men and women in
the workplace, or their racial background, or ask about the reasons
for the particular action which may be discrimination. The
questions and the answers are admissible as evidence in a case
brought under discrimination law and the court or tribunal may draw
inferences from a failure by the respondent to answer the questions
posed or from evasive or equivocal answers.
The person may ask questions either on a form prescribed by the
Government or in some other way, for example by letter. There are
currently nine different sets of forms covering all the current
equality strands. These include forms for possible sex
discrimination, race discrimination, age discrimination in
employment only, equality of terms etc. GEO is currently
responsible for some of the forms (www.equalities.gov.uk), whilst
other Government Departments are responsible for the rest of the
others.
How to respond
The consultation ran from 16 June to 13 July 2010 during
which time we would welcome all feedback from both individuals and
organisations. The consultation is now
closed.
Contact
Telephone: Jay Begum (discrimination
paperwork): 0303 444 3039; Smita Mehta (equality of terms
paperwork): 0303 444 3172
Address: Discrimination Law Review, Government
Equalities Office, 9th Floor Zone J10, Eland House, Bressendan
Place, London SW1E 5DU
Email: formsresponses@geo.gsi.gov.uk
Consultation questions and draft forms