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Ask tough questions about race and sex

Is a male colleague earning more than you?

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.


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