Victimisation at Work: Making a Victimisation Claim
Updated: 3 days ago
Victimisation at work is a serious problem that many employees face but struggle to address. This guide is for anyone thinking about making a victimisation claim. If you have been treated badly for raising a concern, you may be protected by the Equality Act 2010. Victimisation at work making a victimisation claim can feel daunting. Here we explain what victimisation means, what you must show and how to take action.
What is victimisation in employment law?
Victimisation happens when an employer treats you badly because you did a protected act. The bad treatment is called a detriment. Victimisation occurs when the detriment is the result of the protected act. The law is set out in section 27 of the Equality Act 2010.
Protected acts include:
Making a complaint or grievance that someone has been discriminated against.
Raising concerns about harassment or bullying linked to a protected characteristic.
Giving evidence or information for someone else's discrimination claim.
Bringing Employment Tribunal proceedings under the Act.
Making an allegation in good faith that someone has broken the Equality Act.
You are also protected if your employer believes you have done, or might do, a protected act. To bring a claim you must show three things:
You did a protected act (or were believed to have done one).
You suffered a detriment.
The detriment was because of the protected act.
What counts as a detriment?
A detriment is any treatment that a reasonable worker would or might see as putting them at a disadvantage. It does not have to involve losing money. Being ignored, given worse duties, refused training or denied a reference can all count. The House of Lords set out this approach in Shamoon v Chief Constable of the Royal Ulster Constabulary (2003).
You do not need to show that someone else was treated better. Under the Equality Act 2010, there is no need for a comparator in a victimisation claim. The focus is on why you were treated as you were.
When protection does not apply
The protection is lost if you give false evidence or information, or make a false allegation, in bad faith. An honest complaint is still protected even if it turns out to be mistaken. This is set out in section 27(3) of the Act.
Examples of victimisation at work
Victimisation can take many forms. Examples of victimisation include:
Being left out of meetings or opportunities after you raise a discrimination grievance.
Facing false accusations of misconduct after you report harassment.
Being dismissed soon after you start an Employment Tribunal claim.
Being bullied for supporting a colleague's discrimination case.
How does victimisation differ from discrimination and harassment?
Discrimination and harassment relate to protected characteristics, such as age, disability, sex or race. Victimisation is different. It is about being punished for taking action. You do not need to have the protected characteristic yourself. You only need to have done a protected act.
Discrimination: being denied a promotion because of your sex. This is sex discrimination.
Harassment: being bullied because of a disability. This is disability discrimination.
Victimisation: being dismissed after you complained about either of these.
Someone who was discriminated against may not win their discrimination complaint. They can still win a victimisation claim. This is possible if they suffered unfair treatment for making a complaint of discrimination in good faith.
Your legal rights against victimisation
The Equality Act 2010 protects you from retaliation for using your rights. Key points are:
Compensation: if your claim succeeds, you can claim for financial loss and for injury to feelings.
Wide protection: the law covers current employees, former employees and job applicants.
Support for others: you are protected if you help someone else with their claim.
Protection can continue after your job ends. For example, refusing a reference because you brought a discrimination claim may still be victimisation.
Steps to take if you are victimised at work: making a victimisation claim
Record what happens: keep a log with dates, times and the people involved. Save emails and messages.
Raise a grievance: use your employer's formal grievance procedure. See our guide to grievance meetings and hearings.
Take legal advice: an employment lawyer can assess your case and explain your rights.
Contact Acas: before you claim at a tribunal, you must usually start early conciliation with Acas.
Make the claim: if the problem is not resolved, you can bring a claim at the Employment Tribunal. You can read about the process on GOV.UK.
Time limits are short. A discrimination or victimisation claim must normally be brought within three months, less one day, of the act complained of. This comes from section 123 of the Equality Act. The time limit is extended while early conciliation takes place. Do not wait. Our article on employment tribunal claim steps explains each stage.
What can you claim for victimisation?
A successful claim can lead to:
Injury to feelings: compensation is assessed by reference to the Vento bands, which are lower, middle and upper bands. The figures are updated, so check the current amounts.
Financial losses: loss of earnings, bonuses or lost opportunities.
Aggravated damages: in some cases, where the employer behaved in a high-handed or malicious way.
Our guide to 2024 employment tribunal compensation limits gives background on awards.
Key case law on victimisation
St Helens Metropolitan Borough Council v Derbyshire (2007): the House of Lords found victimisation where the council sent letters to staff. The letters were likely to put them off pursuing a tribunal claim.
Chief Constable of West Yorkshire Police v Khan (2001): the House of Lords held that an employer may act to protect itself in pending litigation. Not every unfavourable step after a complaint is victimisation. The question is why the employer acted.
How to strengthen your claim
Give clear evidence that links the treatment to your protected act.
Show the effect on you, both financial and emotional.
Follow the grievance and Acas steps before you file.
Keep copies of key documents, and note the names of any witnesses.
If you can show facts from which a tribunal could infer victimisation, the burden passes to the employer. It must then show that the treatment had nothing to do with your protected act. Timing often matters. Treatment that changes soon after a complaint can be strong evidence, though it is not proof on its own.
If you want to know more about similar claims, see our guides to workplace discrimination and whistleblowing claims.
Need help with victimisation at work? Making a victimisation claim with a lawyer
If you believe you have been victimised at work, our experienced employment lawyers can help. We will guide you through the process and explain your rights. Contact us today for a free consultation.
