Yekinni v London Borough Of Hackney & Ors - Drawing inferences from discrimination questionnaire omissions [2013] EAT

Although it has complete discretion as to whether to actually draw inferences from a failure to respond to a discrimination questionnaire, a tribunal should always consider that omission if it is raised before it.

Whilst working as a full-time home care worker for Homerton Hospital, Mrs Yekinni applied for a part-time job with Hackney. On the first day of the new job it became clear that she was unable to commit to the hours required of the new role and she disclosed that she was pregnant and unwell. She only worked that day before being signed off sick. She then wrote a letter, amounting to a protected act for the purposes of the later victimisation claim, stating that Hackney's subsequent actions in commencing disciplinary proceedings for her non-disclosure of her other (Homerton) role if she failed to tender her resignation was in fact sex discrimination on the grounds of her pregnancy.

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