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<p>Section 138 of the Equality Act 2010 was repealed in the Enterprise and Regulatory
Reform Act 2013. The government has no plans to reinstate these provisions. Employees
can still put questions to their employer or former employer concerning a claim under
the Act if they wish. A Court or Tribunal may consider any relevant questions and
answers as part of the evidence of the case, and may draw inferences if questions
are not answered. At the time of the repeal ACAS produced a good practice guide with
advice on how to do this, which can be found here: <a href="https://archive.acas.org.uk/index.aspx?articleid=4971"
target="_blank">https://archive.acas.org.uk/index.aspx?articleid=4971</a></p><p> </p>
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