This web page should be read in conjunction with the web page Discrimination - Protected Characteristics 

What is victimisation?

Victimisation is prohibited under section 27 of the Equality Act 2010 (EqA) and occurs when an employee is treated less favourably than another person whose circumstances are the same because they:

• brought claim under the EqA
• gave evidence or information in connection with a claim under the EqA
• did any other thing for the purposes of or in connection with the EqA
• alleged that your employer or another person has committed an act that contravenes the EqA.

Less favourable treatment means a detriment of a kind that a reasonable person would or might take the view that in all the circumstances you have been disadvantaged.  An unjustified sense of grievance cannot amount to a detriment.  It is not necessary to demonstrate some physical or economic consequence.

Liability for victimisation

An employer will be vicariously liable for the acts of its employees and workers unless it can show it took reasonably practical steps to prevent it from happening.

What remedies are available for victimisation?

If an employee believes that an employer (or other person) has victimised them they can bring an employment tribunal claim.

Employment tribunals can award unlimited compensation, which can include an award for injury to feeling and financial loss because of the discrimination.

How long do you have to bring an employment tribunal claim?

An employment tribunal claim for victimisation must be received by a tribunal within 3 months of the complaining act (ie 3 months less 1 day).  This can be the last act in a series of detrimental acts over a period of time.  

The time limit can be extended during Acas early conciliation, which must be started before the time limit has expired.

The time limit is a strict one and will only be extended in certain circumstances.

 The material contained in this web page is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.