How to use the questionnaire procedure in



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AGE

QUESTIONNAIRES









HOW TO USE THE

QUESTIONNAIRE

PROCEDURE IN

CASES OF AGE

DISCRIMINATION IN

EMPLOYMENT
EDITION 4



WRITTEN BY

TAMARA LEWIS

ORIGINALLY A CENTRAL LONDON LAW

CENTRE PUBLICATION




Contents


Introduction 2

Bringing cases of age discrimination in employment 4

The meaning of unlawful age discrimination 6

Dismissal at retirement age 10

What is a questionnaire? 11

Is a questionnaire necessary? 13

Time-limits for sending the questionnaire 15

Late questionnaires 17


Second questionnaires 18

What if the employer does not answer the questionnaire? 19

Putting pressure on the employer to answer the questionnaire properly 26

How to complete the questionnaire form 32

What questions to ask 35

Analysing the questionnaire reply 52

Writing the tribunal claim 54

Sample questionnaires 56

Bibliography 110




THE SAMPLE QUESTIONNAIRES



To find the most relevant questionnaire, identify the detriment to which the worker has been subjected (eg redundancy; disciplinary; non-promotion) as opposed to the type of discrimination (direct, indirect, victimisation).





KEY CONTENT

PAGE

A

Recruitment, no interview




56

B

Recruitment, after interview




61

C

Promotion, no interview




66

D

Promotion, after interview




71

E

Pay




77

F

Training




81

G

Capability: age and disability




86

H

Redundancy dismissal (large scale)




90

I

Redundancy dismissal (single; possible sham)




94

J

Redundancy: options and packages




98

K

Retirement dismissal: age and sex discrimination




102

L

Harassment; being marginalised




106



Introduction
The questionnaire procedure is of vital importance to the chances of success of discrimination cases. The questionnaire procedure applies to age discrimination law as it does for all the “protected characteristics” under the Equality Act 2010, eg race, sex and disability.
The guide is aimed primarily at advisers who are familiar with general employment tribunal procedure, but it may also be of some help to workers bringing their own claims who have no access to specialist advice. The content aims to be a tactical as well as procedural guide to writing questionnaires, and it derives both from many years of experience of running discrimination cases and from common misunderstandings and difficulties arising in training and taking telephone enquiries from trade unions and Citizens Advice Bureaux.
WARNING: Although the guide touches on the law and some other aspects of running an age discrimination case in the employment tribunal, in no way is it an adequate guide to these.
For fully detailed guidance on discrimination law generally, relevant evidence and procedure, including how to write a tribunal claim and more questionnaire precedents, see the latest edition of Employment Law: An Adviser's Handbook by Tamara Lewis (see bibliography, page 110).
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