S.L. 452.95 Art. 9Request of report.

(1) Where an allegation is made that some form of discriminatory treatment has occurred, the person making the allegation, or the Director, if either deems fit, shall have the right to send a written notification to the employer or any person or organisation to whom these regulations apply, hereafter referred to as the respondent, of the alleged discriminatory treatment received, giving any relevant details and requesting a reply. On receipt of such notification, the respondent shall submit a written reply within ten working days of the date of receipt of such notification, giving the respondent’s version of events and any grounds for disputing the allegations, as well an explanation of any relevant procedures adopted by the respondent to prevent discriminatory treatment.

(2) Any correspondence referred to in subregulation (1) shall be admissible in proceedings brought before the Industrial Tribunal or other Court, and if it appears to the tribunal or court that the respondent deliberately, and without reasonable excuse, omitted to reply within ten working days of the date of receipt of such notification or that his reply was evasive or equivocal, the tribunal or court may draw any inference from that fact that it considers just and equitable to draw, including an inference that he committed an unlawful act.

(3) The provisions in subregulation (1) requiring the respondent to submit a reply shall not apply if, on the date that the request was made, proceedings had already been initiated on the matter in front of the Industrial Tribunal or other Court.