top of page

EMPLOYER INFORMATION

VICTIMISATION

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

​

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

​

1. What is victimisation?

​

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

​

• 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

​

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

​

2. Examples of victimisation

​

Victimisation may include:

​

• 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.

​

3. Why employers must be cautious

​

Victimisation claims are often easier to prove than discrimination because:

​

• the timeline is clear (complaint → negative treatment)

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

• Tribunals take retaliation very seriously

​

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

​

4. How to avoid victimisation

​

Employers should:

​

• 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

​

Even unintended actions can amount to victimisation.

​

5. How I help employers

​

• 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

Untitled design_edited_edited.png
qt=q-95.webp

Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

regulated_logo.webp
pngegg.png
Untitled design_edited.png
blob.png

© Nikni Designs Ltd 2024

bottom of page