Can you get compensation for victimisation?
The short answer is “Maybe”.
Certain actions are protected under the Equality Act 2010. These are called “protected acts”, and include:
- Making a complaint about discrimination to your employer
- Making a claim of discrimination at the employment tribunal
- Helping someone else to make a discrimination claim, such as by providing information to support their claim or by giving evidence on their behalf
- Alleging that someone has breached the Equality Act
- Doing anything else in connection with the Equality Act
It is unlawful for you to be treated badly because you did any of these things. For example, your manager mustn’t shout at you because they think you intend to support a colleague’s sexual harassment claim.
You are not protected if you give information or evidence that you know that is false, or you make a false allegation in bad faith.
Defining victimisation
In day-to-day language, you might think “victimisation” is the same as harassment or bullying. However, it has a different meaning within the context of the Act.
“Harassment” usually refers to unlawful conduct related to a protected characteristic, while “victimisation” refers to being treated unfairly because you have complained about discrimination or harassment, or because you’ve supported someone to make such a complaint.
Here’s the legal definition:
“A person (A) victimises another person (B) if A subjects B to a detriment because B does a protected act, or A believes that B has done, or may do, a protected act.”
Equality Act 2010 (Section 27)
Protected characteristics
Employees have the right not to be discriminated against because of their:
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
This means you should not be treated less favourably with regard to things like:
- Employment terms and conditions, pay and benefits
- Promotion, training and transfer opportunities
- Recruitment, dismissal and redundancy processes
Also, you should not be excluded from work-related social events outside working hours, nor from conversations or activities during working hours, because of a protected characteristic.
You are also protected from being harassed or victimised because of a protected characteristic or because of a claim related to a protected characteristic.
What this means to you
By law, you should not suffer unfair treatment in the workplace. Have you been subject to detriment because you brought a claim of harassment or discrimination relating to a protected characteristic? Or because your employer believes you are about to bring or support such a claim?
If you believe you are being victimised at work, you could seek compensation from your employer for the treatment you have endured.
To win compensation for victimisation, you’ll need to make a clear connection between the discrimination or harassment claim and the unfair treatment you’ve experienced. You should:
- Make a verbal complaint to your line manager or another person in authority
- Follow it up in writing e.g. email, so there’s a written record
- Submit a formal complaint in writing
- Keep accurate written records of who said what and when
- Ideally, have an independent witness to support your case
- Obtain legal advice within three months less one day from the most recent date of the action you are complaining about
Your employer should:
- Provide diversity training
- Treat grievances seriously
- Keep accurate written records
For further advice about victimisation at work, please get in touch. We act for employees (not employers) and have the expertise to help. We’ll let you know your chances of winning your case, and the amount of compensation you might be awarded.
Related reading
- I’ve been harassed by my boss
- I lost my job due to discrimination. Can I sue?
- Is there a Discrimination Act in the UK?
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