Tag Archives: Study

Time Limit for Questionnaires

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Q if late in the day can be served within 21 days of the IT1 to protect the right to claim. For additional information, check out Notary public for London

Procedural steps for claim

1 Qs to e/er to get info back

2 IT1 before 3 month time limit

Failure to complete Q by e/er

If e/er fails to complete Q or gives vague answers the ET will assume discrimination

took place by taking an ADVERSE INFERENCE. – ie, you have the relevant info but

chose not to supply it suggesting you have something to hide

Info to put in Q

1 Manner of interview of each applicant

2 Why was X selected rather than client

3 Length of interview for each applicant

4 Topics discussed – ie, qualifications, experience,

5 Any notes made by e/er

6 Was X already known to the e/er (if yes and that’s why he was selected it’s

NOT discrimination)

7 ANYTHING else which is sensible which helps to try and prove D

Indirect Discrimination

3

 Harder to detect

 Basically, it’s the e/er asking all e/ees to do something but it’s accidentally to

the detriment of one group (race, gender)

 Definition: ‘Gender neutral provision, criterion or practice which would be to

the detriment of a considerably larger proportion of one sex/race.’

 Impacted sex discrimination especially with part time work – discriminates

against more women than men, due to child birth etc.

 EVIDENCE – get stats, speak to workmates and get their opinion, consider

going nationwide if there isn’t enough info from one place of work – need to

be funded by applicant though !

 You can still have this type of claim while V is still working for the same e/er

 Defence is justification. IE, being justified fir business needs such as having

to have small hands to paint bone china

 It is wide definition, so work out pool of people for comparison, take the

larger proportion and see if they are discriminated against. Pool for

comparison and statistical differences, then may be able to use expert or

sociological evidence to refine results. It will be something that affects

everyone but impacts one group more than the other.

 FOR EXAM – ALWAYS check whether V has left the job. If he hasn’t it’s

just D, but if he has it could be UD, WD, constructive