Victimisation under the Equality Act 2010 occurs when an employer treats someone badly because they have done, or the employer believes they have done, a "protected act".
What Is a Protected Act?
A protected act includes:
- Making a complaint of discrimination (whether formally or informally)
- Bringing tribunal proceedings under the Equality Act
- Giving evidence or information in connection with Equality Act proceedings
- Doing anything else in connection with the Equality Act
- Making an allegation that someone has contravened the Equality Act
Examples of Victimisation
- An employee raises a discrimination complaint and is subsequently passed over for promotion
- A colleague gives evidence at a tribunal and is then moved to a less desirable shift pattern
- An employee who complained about harassment has their contract not renewed
- Being excluded from team activities after raising an equality concern
Key Points for Employers
Victimisation claims do not require a comparator — the employee only needs to show they were treated badly because of the protected act. There is also no qualifying service period; victimisation claims can be brought from day one of employment.
Employers must ensure that managers and HR personnel understand that any form of retaliation against an employee for raising equality concerns is unlawful, regardless of whether the original complaint was upheld.
Our employment law team can help you put proper safeguards in place. Contact us today.