Employment law- Victimisation
To understand what victimisation is, you firstly need to know what rights there are in terms of discrimination law.
Under the Equality Act 2010, employees have the right not to be discriminated against in relation to the following protected characteristics;
marriage and civil partnership;
pregnancy and maternity;
religion or belief;
So, what is victimisation?
Under the Equality Act, victimisation occurs when someone treats you badly (i.e. detrimentally), because it is believed that you have done, or about to do a “protected act” which relates to one or more of the protected characteristics listed above.
The following are the main protected acts:
- bringing proceedings under the Equality Act 2010, for example, in relation to discrimination;
- giving evidence or information in connection with proceedings under the Act (i.e assisting a colleague);
- doing any other thing for the purposes of or in connection with the Act;
- making an allegation (whether or not express) that someone has contravened the Act.
There must be a sufficient link between the carrying out of a protected act, and the unfair treatment you receive as a result.
So, broadly speaking, you can make a claim of victimisation if you are subjected to a unfair treatment because you have made, or supported, a complaint of discrimination.