Victimisation

Victimisation occurs where you are treated unfairly because you have exercised certain statutory rights, such as making a claim to the Employment Tribunal. You also have the right not to be victimised because you have made a complaint about discrimination based on a "protected characteristic", such as your religion or sex.

If you have made or supported a complaint or claim against the employer, such as giving evidence in proceedings against the employer and are disadvantaged because of it, you may have a claim for victimisation. The law protects you if you are trying to enforce your rights. For example, if your employer takes disciplinary action against you because you have raised a grievance about race discrimination, or you are not promoted because you took a harassment claim to the Employment Tribunal, this would be victimisation.

Victimisation also covers situations where you are about to make a complaint or your employer suspects that you are going to make a complaint, even if you have not done so. Victimisation can even continue when you no longer work for the employer, if for example your employer fails to give you a reference because you made a claim to the Employment Tribunal. To benefit from this protection, you must have made or supported the complaint or claim in good faith. You may also have been victimised if you have been treated less favourably for whistleblowing.

You should not be treated unfairly because you have raised your concerns; if you think you have suffered victimisation, we can advise you on your rights and action you can take to resolve the situation.