The rules on discrimination questionnaires have been abolished. Questionnaires may still be submitted but the eight-week time limit for an employer's response no longer applies. Will Tribunals draw any adverse inferences if the employer fails to respond or responses are evasive or equivocal?
6 April 2014
While the change is helpful and gives employers more flexibility, it does not mean that questionnaires can safely be ignored. A Tribunal could still look at a response (or lack of a response) as a contributory factor in their decision. ACAS guidance recommends that employers respond to questions or explain why they have not. How to respond to a particular questionnaire will be an important tactical issue and advice should be sought.
A link to the ACAS guidance is here.