Equality Act 2010: final forms and guidance for obtaining information published
The Government Equalities Office has published the final version of the forms, together with accompanying guidance, that employees may use to pose questions to their employer to help them determine whether or not they have been discriminated against under the Equality Act 2010.
Employees who consider that their employer has discriminated against, harassed or victimised them, or that they have not received equal pay or have received less favourable contractual terms, are entitled to send their employer a form to obtain further information about the treatment. The purpose of the form is to help the employee understand why he or she was treated in a particular way and whether or not there are grounds for believing that the treatment amounted to a breach of the Equality Act 2010.
The Equality Act 2010 (Obtaining Information Order) 2010 (SI 2010/2194) prescribes one form for an employee to pose questions to his or her employer about an act of discrimination that does not involve equal pay, and another form for an employee to pose questions to his or her employer about equal pay.
There is also space on the forms to allow employers to respond to an employee's questions. The forms enable employers to confirm whether or not they agree with the employee's allegations, and if they do not agree, to explain the reasons why. The information given can help the parties to identify what issues are in dispute, which can help them to settle a complaint or facilitate future employment tribunal proceedings if they are issued.
- Equality Act 2010: discrimination and other prohibited conduct – questions and answers forms (Microsoft Word format, 157K) and Equality Act 2010: discrimination and other prohibited conduct – guidance (Microsoft Word format, 164K) Employees should use this form if the unlawful conduct is alleged to have happened on or after 1 October 2010 or is alleged to have started before 1 October 2010 but continued on or after that date.
- Equality Act 2010: equality of terms – complainant’s questions to the employer (Microsoft Word format, 161K) and Equality Act 2010: obtaining information on equality of terms – guidance (Microsoft Word format, 123K) Employees should use this form if the unlawful conduct is alleged to have happened on or after 1 October 2010 or is alleged to have started before 1 October 2010 but continued on or after that date.
Also
The XpertHR policies and documents section has been updated with the following entries:
- Questionnaire for obtaining information on prohibited conduct under the Equality Act 2010 Use this questions form to familiarise yourself with the form that an individual who thinks that he or she has been discriminated against because of a protected characteristic under the Equality Act 2010 will send to the employer to gather further information.
- Questionnaire for obtaining information on equal pay under the Equality Act 2010 Use this questions form to familiarise yourself with the form that an individual who thinks that he or she is not being given equal pay or has received less favourable contractual terms under the Equality Act 2010 will send to the employer to gather further information.