What Is Victimisation? Five Things You Must Know.

Discrimination in the workplace is a serious issue, especially because the average person spends one-third of their life at work. Furthermore, anyone who attempts to stop discrimination by reporting it exposes themselves to victimisation.

If you’re facing victimisation, don’t worry. You may be protected by the Equality Act 2010. In this recent article, our discrimination solicitors outline the five things you need to know if you’re facing victimisation.

For more information, please visit our discrimination page, or contact one of our solicitors directly on 0203 007 5500.

1. What does victimisation mean?

Victimisation is a type of workplace discrimination. It is when someone discriminates you for reporting a case of discrimination. The Equality Act 2010 includes protection against victimisation to urge people to report incidents of discrimination without fear.

Anyone who reports discrimination can become a victim of victimisation, regardless of whether they possess a protected characteristic.

2. What characteristics are protected?

Under the Equality Act 2010, you can report an incident if someone is facing discrimination for possessing any of the following characteristics:

• Age
• Sex
• Marriage or civil partnership
• Disability
• Sexual orientation
• Pregnancy and maternity
• Race
• Religion or beliefs
• Gender reassignment

3. When am I protected against victimisation?

Someone is only protected against victimisation if they have done one of the following:

• Claimed discrimination under the Equality Act 2010.
• Provided accurate evidence to help someone else claim under the Act.
• Say that someone has done something unlawful under the Act

Example: You make a complaint to your employer about discrimination towards another member of staff. As a result of your complaint, your employer no longer invites you to team meetings. In this instance, the behaviour is victimisation and the Equality Act 2010 protects you.

4. When am I not protected against victimisation?

The Equality Act 2010 only protects you when you’re facing harmful behaviour for attempting to stop discrimination in good faith. Therefore, if you purposefully make false accusations, the Act won’t protect you against the backlash.

However, what happens when you provide information that you thought was true at the time? In that case, even if the information is false, you’re still protected against victimisation.

Example: A colleague and close friend, has made a racial discrimination claim against your employer. As a result, you need to give evidence at the Employment Tribunal hearing. In the hearing, you knowingly provide false information to support your friend. Consequently, because you knowingly gave false information, your employer disciplines you.

5. How do you deal with victimisation?

If you’re facing victimisation in the workplace, you have several options, which include:

1. Deal with the problem internally by approaching the person conducting the behaviour.
2. Submit a grievance letter to your employer complaining about the victimisation.
3. Contact Acas to discuss ways of informally solving the issue.
4. Instruct a solicitor.

In some circumstances, you may feel more comfortable going directly to Acas or a solicitor. For example, suppose your employer is the person conducting the behaviour, or the victimisation you’re facing is extreme.