As an employer, you must ensure that you do not victimise your employees.

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Victimisation is a breach of the Equality Act 2010 and often arises when an employee raises or supports a discrimination complaint.

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1. What is victimisation?

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Victimisation occurs when an employee is treated less favourably because they have:

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• made a discrimination or harassment complaint

• supported someone else’s complaint

• gathered information that could lead to a complaint

• acted as a witness in a discrimination case

• given evidence that does not support another person’s complaint

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Importantly, the employee is protected even if the original complaint is not upheld.

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2. Examples of victimisation

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Victimisation may include:

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• excluding the employee from meetings or team activities

• refusing a pay rise or promotion

• changing shifts or duties to something less favourable

• removing responsibilities or opportunities

• demotion

• negative comments or pressure

If an employee accuses you of discrimination and you respond by demoting them, this is victimisation under the Equality Act 2010.

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3. Why employers must be cautious

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Victimisation claims are often easier to prove than discrimination because:

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• the timeline is clear (complaint → negative treatment)

• the employee does not need to prove the original complaint was valid

• Tribunals take retaliation very seriously

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Compensation for victimisation is uncapped and often includes injury to feelings.

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4. How to avoid victimisation

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Employers should:

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• treat all complaints seriously and impartially

• ensure managers do not react emotionally or retaliate

• document all decisions affecting the employee

• train managers on Equality Act obligations

• maintain confidentiality and neutrality

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Even unintended actions can amount to victimisation.

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5. How I help employers

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• advising on grievance handling without risk of victimisation

• training managers on Equality Act compliance

• supporting risk assessment and documentation

• representing employers in ACAS and Tribunal proceedings