Victimisation at work

 

victim

What is victimisation?

Victimisation has a very specific meaning and is described in Section 27 of the Equality Act 2010. It’s not just about being singled out. It is unlawful for one person to treat another less favourably than they would treat other people because that person has made or supported a complaint or raised a grievance under the Equalities Act 2010.

You will have a victimisation claim if you are treated less favourably because you:

  • Started a discrimination case against your employer.
  • Gave evidence or information about a discrimination case (yours or someone else’s)
  • Did something in support of a discrimination case (yours or someone else’s)
  • Complained that someone has breached the Equalities Act.

You don’t need to use a comparator in a victimisation claim. In order to address victimisation, you should raise a formal grievance with your employer. You should also consider using the questions procedure in addition.

These guides are available from the E-book Shop

 

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How to write a grievance that gets you what you want

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Discrimination schedule of loss on excel

How to write a grievance about discrimination at work 

 

Best of the web

Citizens advice: Victimisation

Equality and Human Rights Commission: Victimisation

TUC Worksmart: What is victimisation?

 

Disclaimer 

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided free of charge for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this update. Further specialist advice should be taken before relying on the contents of this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form without the prior permission of Employee Rescue Ltd.

Case Study

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
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