Asking and responding to questions of discrimination in the workplace
Acas has produced a good practice guide on Asking and responding to questions of discrimination in the workplace [164kb] to help parties exchange information where there is a question of discrimination.
Government repealed section 138 of the Equality Act 2010, obtaining information, in April 2014 as evidence suggests that the process of obtaining information described in section 138 does not contribute to early resolution of workplace disputes.
Importantly, this change only removed the statutory procedural mechanism of section 138 of the Equality Act 2010, not the scope for establishing facts about whether discrimination, harassment or victimisation under the Equality Act has occurred.
Issues of discrimination can be complex. A written question and answer process can be particularly helpful in establishing what has happened and can help in trying to resolve concerns, avoiding claims and disputes. This good practice guidance explains how people, such as jobseekers and employees who think they may have been discriminated against under the Equality Act 2010, can ask questions about what may have happened to them and how people or organisations such as employers that receive an information request can respond appropriately.