0.5 Questionnaire (Equality Act 2010 questions form for discrimination and other prohibited conduct)

You might find it helpful to look at general information on the questionnaire procedure. 

The discrimination questionnaire under the Equality Act 2010, can be downloaded from the Government Equalities Office website.

Below is an example of how to complete the Equality Act questionnaire based on the case described in Precedent 1.

Questionnaire, section 6

1.      I started work for the respondent in March 2002 and I was promoted to hotel manager in August 2010. I never had any disciplinary warnings, verbal or written, throughout my employment.

2.      On 1st October 2010, I told the hotel director, Keith Venables, that I was pregnant. Mr Venables congratulated me and said, “You make me think about things”. I did not know what he meant.

3.      On 4th October 2010, Mr Venables telephoned me and said that business was down and my performance was unsatisfactory. He said he had warned me about this before, which is not true. Then he said, “You don’t know how your pregnancy will go and how you will cope with the workload. You won’t be able to get up early and after eight months, you’ll sleep more”. I was so shocked that I burst into tears.

4.      As Hotel Manager, I was invited to attend the Group management meetings every month. However, I was not invited to attend the meetings on 6th and 13th October 2010.

5.      On  14th October , Mr Venables sent me an e-mail telling me to attend a disciplinary hearing on  18 October 2010 in respect of my poor performance. I was not informed prior to the hearing of any details as to what was wrong with my performance. I was not told that I could bring a work colleague with me, contrary to the ACAS Code on Disciplinary and Grievance Procedures. When I asked if I could bring someone with me, I was told that was not necessary.

6.      When I attended the hearing, Mr Venables produced statistics showing that hotel occupancy had gone down   dramatically in the previous 18 months. I said this was not my fault. It was a result of the global recession. Mr Venables would not listen to me. He said that he could not afford to carry the business and unfortunately he had to replace me. He told me I was dismissed with immediate effect and that a manager from another hotel was coming over to cover. This was not confirmed in writing. My appeal to the Group hotel director on 20th October 2010 was rejected on 22nd October 2010.

Questionnaire, additional questions for section 8

1.       What did Mr Venables mean when he said ‘You make me think about things’ when I told him I was pregnant? What concerns did he have about my pregnancy?

2.       Please state everything that was wrong with my work performance.

3.       Please state every occasion, if any, when Mr Venables spoke to me about my work performance with (i) the date (ii) what he was concerned about (iii) what he said.

4.       Please give the weekly occupancy rates (i) for the Flamingo Hotel (ii) other UK hotels in the group for the five years prior to the date of answering this questionnaire.

5.       In respect of the decision not to invite me to the Group management meetings in October 2010, please state (i) who made this decision, when and for what reasons; (ii) who was consulted, when and what were their views.

6.       Please state who represented the Flamingo Hotel at each of the Group management meetings from October 2010 to the date of answering this questionnaire.

7.       In respect of the decision to dismiss me, please state (i) who made this decision, when and for what reasons; (ii) who was consulted, when and what were their views.

8.       In respect of the decision to reject my appeal, please state (i) who made this decision, when and for what reasons; (ii) who was consulted, when and what were their views.

9.       Please state who replaced me as manager, when he or she started, and whether it was intended to be a temporary or permanent replacement.

10.  In respect of my replacement, please state (i) whether the position was advertised. (If so, where and when?); (ii) if not, how my replacement was selected, when and by whom; (iii) who was consulted regarding this decision, when and what were their views?

11.  Regarding my replacement, please state (i) whether it is a man or woman; (ii) if a woman, whether she is pregnant or has young children (giving details); (iii) her qualifications; (iv) her previous experience; (v) if applicable, date and reason for leaving.

12.  If there was more than one replacement for me, at the same time or successively, please give the same information as requested at paragraphs 9 – 11.

13.  Please state all staff employed (a) within the Flamingo Hotel (b) in other hotels in the UK Group in the three years prior to the date of answering this questionnaire by reference to:
(i)  start date and if applicable, date and reason for leaving.
(ii) job title, department and hotel.
(iii) whether male or female
(iv) whether they were pregnant or went onto maternity leave at any stage during their employment, giving dates.

14.  Please state all staff disciplined or dismissed by the Flamingo Hotel in the three years prior to the date of answering this questionnaire by reference to:
(i)  job title and department of employee
(ii) whether male or female
(iii) whether pregnant
(iv) whether previously on maternity leave (if so, with dates)
(v) level of all disciplinary action and reason
(vi) date of all disciplinary action.

15.  Please state all employees who have become pregnant or gone onto maternity leave (a) within the Flamingo Hotel (b) in other hotels in the UK Group in the five years prior to the date of answering this questionnaire by reference to:
(i) dates of maternity leave
(ii) date when notified pregnancy
(iii) job title, department and hotel
(iv) if applicable, date and reason for leaving hotel (whether dismissed or resigned)
(v) if dismissed, reason for dismissal
(vi) start date with hotel

16.  Please supply details of your Equal Opportunities Policy and any policy relating to pregnancy.