Legal Services for Employees and Employers
VICTIMISATION
Victimisation is included within the Equality Act 2010. It occurs when someone is subjected to a detriment because they have been, or are currently, involved with;
- making a complaint of discrimination or harassment
- supporting someone else's complaint
- gathering information that might lead to a complaint
- acting as a witness in a complaint
- saying something or giving evidence that does not support someone else's complaint
The law also protects a person when someone else thinks the person has done or intends to do any of the things above.
SUBJECTED TO A DETRIMENT
'Detriment' means someone experiences being treated worse than before and/or having their situation made worse.
This could be because they are:
- being labelled a problem or a troublemaker
- being excluded
- not being allowed to do something
- given menial tasks, or being overloaded with work
Within the Equality Act 2010, victimisation is a specific type of behaviour, which makes it different to bullying.
POST-EMPLOYMENT
Post-employment victimisation can also occur, is protected, and would be unlawful. For example, refusing to give a reference for an ex-employee who had made a complaint under the Equality Act 2010.
ACTING IN 'GOOD FAITH'
The law only protects someone from victimisation if they've done something 'in good faith'. This means not acting maliciously.
Someone is not protected from victimisation if they:
- deliberately give false evidence
- deliberately make a false allegation of discrimination or harassment