You're almost sure that your employer is treating you unfavourably because you're female, black or Asian, but what can you actually do about it? Rachel Lewis explains the Questionnaire process

What next?
You might be considering taking legal action against your employer but  a tribunal claim can be costly, time-consuming and extremely stressful. You would need to be able to prove that the reason you've been treated unfairly is either directly or indirectly related to your sex or race. It's not a step to be taken lightly - especially if you're not 100 per cent certain of the reasons behind your employer's decision to treat you differently.

This is where Sex Discrimination Act Questionnaires and Race Relations Act Questionnaires come in. They were devised to enable people who suspect they've been discriminated against to find out more about the reasons behind their employers' behaviour. The answers given may help you to decide whether you actually want to take legal proceedings and, if you do bring a claim for discrimination, they could provide vital evidence to strengthen your case.

Filling out the form
The Equal Opportunities Commission has copies of the questionnaire and may offer advice on filling it in. The form for both race and sex discrimination is relatively straightforward and gives you the opportunity to ask your employer as many questions as you need to, to pinpoint the reasons behind your treatment. It also requests statistical information about your employer's treatment of female or ethnic minority employees in general. The basic outline of the form is as follows:

• You give as much factual information as possible about the nature, date, place and people involved in the incident you want to complain about. If it's a one-off, you can describe it in detail; if it's regular, then set out the overall series of events.
  
• After this, you must explain why you believe this treatment was discriminatory. For example, you know for certain that the person who got your promotion was far less qualified and experienced than you. So you believe the only reason he got it is because he's male.
  
• There is also room for you to ask any questions you think are important to your case such as: 'How much exactly is he being paid?' and 'What are her qualifications?'
  
• The questionnaire then requires your employer to say whether they agree with your version of events. It asks them straight out whether or not they accept that you were the subject of unlawful sex/race discrimination and, most importantly, requires them to give reasons for their answer.

Assessing the impact
Most employers will realise you're serious if they receive a questionnaire. They will hopefully make sure that it is completed and that the whole matter is dealt with by someone impartial who will act appropriately. Bear in mind you can submit a questionnaire either when you're still in employment or after you leave - so long as you do so within three months of the last discriminatory act you?re complaining about. You also have protection if your company victimises you as a result of submitting the questionnaire. You may feel a bit uncomfortable about it, but at least you have a legal safety net.

You cannot compel your employer to complete the questionnaire. However, if they don't have a reasonable excuse for failing to, or if they reply in an evasive way, this will be taken into account by the tribunal should you do decide to bring proceedings. As a result, your employer's position may well be adversely affected.

In practice, most people receive a prompt response to the questionnaire. On receiving it, you'll be in a better position to decide whether there are grounds for further action. The answers given should help you understand better what happened behind the scenes, which might be helpful either in negotiations or, as a last resort, in putting together a tribunal claim. Significantly, if the matter goes to court, you can use your employer's responses as evidence.

The pros and cons
Questionnaires can be a good way to find out if your suspicions have legal standing. While you do have legal protection against victimisation as a result of submitting a Questionnaire, you also need to bear in mind that sometimes employers are so incensed by the fact that an employee has had the gall to question them that they ignore the risks of victimisation or go about it in such a way that it's difficult to prove. You may well be seen as someone who has dared to stick their head above the parapet and your cards may be marked as a result. So don't take the decision lightly - submitting a Questionnaire without being fairly certain of the outcome in advance can be a risky move.

Submitting a questionnaire will cause your employer to spend considerable time and effort over their response, which may act as a shot across the bows. It could make them think carefully about how they treat their female or ethnic minority staff in future. If, as a result of the answers you receive, you're thinking of mounting a tribunal claim, you would be best advised to consult a solicitor or your local Citizens' Advice Bureau for more information on how to go about it.