News & Views

HR Questionnaires abolished

BY Katy Marshall
Employment law
BG Purple

With effect from 6 April 2014, the statutory HR questionnaire procedure has been abolished. The procedure was designed to allow an individual who believed that they had been unlawfully discriminated against, harassed or victimised to obtain information from his or her employer by means of a specified questionnaire process.

A failure by the employer to answer the questions or evasive answers would allow a tribunal to draw adverse inferences in any subsequent legal proceedings.  For those employers unfortunate enough to having experienced being served with such a questionnaire, the questions could be very lengthy and involve considerable work.

Employees can still ask employers questions and a court may choose to draw an adverse inference from a refusal by the employer to answer those questions, but there will no longer be a statutory process for doing so. 

Needless to say, any client who receives a set of questions from an employee who believes that he or she has been discriminated against would be ill-advised to ignore this and might want to speak to their legal manager.

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