Changes to the law under the Bill could see the removal of the questionnaire procedure in discrimination cases.
Employers would no longer be required to complete the prescribed questionnaire, but would instead be afforded a flexibility on how to consider and deal with cases of discrimination on an individual basis.
This change in the law may be welcomed by employers, however, due to opposition during the consultation stage, the Government is now planning an informal process, on asking pre-claim questions, to be set out in Acas guidance. While it is expected to be easier to refuse unreasonable request for information, employers should be warned that Tribunals are still likely to be able to draw inferences from the way a matter is handled and in this respect, employers must recognise the risk they are accepting.
The latest update on the current employment law reform can be found at: https://www.gov.uk/government/publications/employment-law-2013-progress-on-reform, but keep your eye on our blog for updates on major developments.