Creating a fairer Britain
If a worker thinks they may have been unlawfully discriminated against, harassed or victimised against equality law, then they can obtain information from you to help them decide if they have a valid claim or not.
There is a set form to help them do this which you can access at: www.equalities.gov.uk, but their questions will still count even if they do not use the form, so long as they use the same questions. This form is sometimes called a 'questionnaire'.
If you receive questions from someone, you are not legally required to reply to the request, or to answer the questions, but it may harm your case if you do not.
The questions and the answers can form part of the evidence in a case brought under the Equality Act 2010.
A worker can send you the questions before a claim is made to the Employment Tribunal, or at the same time, or after the claim has been sent.
If it is before, then you must receive the questions within three months of what the worker says was the unlawful discrimination. If a claim has already been made to the Employment Tribunal, then you must receive the questions within 28 days of the claim being sent to the Employment Tribunal.
If you do not respond to the questions within eight weeks of them being sent to you, the Employment Tribunal can take that into account when making its decision. The Employment Tribunal can also take into account answers which are evasive or unclear.
If someone who is working for you sends you questions, you must not treat them badly because they have done this. If you did, it would almost certainly be victimisation.