victimisation
📖 What is victimisation? Meaning and definition
Victimisation is a specific type of complaint that can be brought in an Employment Tribunal, often alongside other claims like discrimination or unfair dismissal. It occurs when an individual suffers a 'detriment' (meaning they are put at a disadvantage or treated unfavourably) because they have engaged in a 'protected act'. The Equality Act 2010 is the primary legislation under which victimisation claims are made, although other Acts, such as the Employment Relations Act 1999, can also be relevant in specific circumstances, for example, when someone is penalised for accompanying a colleague to a disciplinary meeting.
In practice, a claimant might allege victimisation if, after complaining about race or sex discrimination, they experience negative treatment at work. This could involve various actions by the employer, such as being denied opportunities, being subjected to disciplinary action, or other forms of unfavourable treatment. The key is establishing a link between the protected act (e.g., making a discrimination complaint) and the subsequent detriment.
Claims of victimisation are often presented to the Tribunal as part of a broader case involving multiple allegations. For instance, a claimant might complain of direct race discrimination, harassment, and victimisation, with each complaint detailing specific incidents or 'detriments' that occurred over a period. The Tribunal will then assess whether these detriments indeed constitute victimisation under the relevant legislation.
📋 Requirements
- The claimant must have suffered a 'detriment' (unfavourable treatment).
- The detriment must be 'on the ground that' the claimant engaged in a protected act.
- A protected act includes making a complaint of discrimination or supporting another worker in a complaint.
📝 Procedure
- ACAS Early Conciliation must be commenced before presenting a claim to the Tribunal.
- A Claim Form (ET1) is presented to the Employment Tribunal, detailing the complaints, including victimisation.
- The respondent (employer) files an ET3 denying the complaints.
- A preliminary hearing may take place to agree on the final list of issues and set directions for the final hearing.
- The Tribunal hears the case and determines whether the complaint of victimisation is well-founded.
💡 Examples
- A worker complains of race and sex discrimination, and subsequently experiences three specific instances of unfavourable treatment from their employer, which they claim are victimisation.
- An employee files a claim for unfair dismissal, race discrimination, and victimisation after making a complaint about their treatment at work.
- A person is subjected to detriment because they accompanied or sought to accompany another worker to a disciplinary meeting, leading to a complaint of victimisation.
📚 Legal basis
- Equality Act 2010
- Employment Relations Act 1999
❓ Frequently asked questions
What does 'detriment' mean in the context of victimisation?
A 'detriment' means that you have been put at a disadvantage or treated unfavourably by your employer. This could be anything from being denied a promotion to facing disciplinary action, provided it is linked to a protected act.
What is a 'protected act'?
A 'protected act' is something you do that is protected by law, such as making a complaint of discrimination (e.g., related to race or sex) or supporting a colleague who has made such a complaint. It can also include accompanying a worker to a disciplinary or grievance meeting.
Can victimisation claims be made alongside other types of discrimination?
Yes, victimisation claims are often made as part of a broader case that includes other types of discrimination, such as direct race discrimination, direct sex discrimination, or harassment related to a protected characteristic.
Do I need to go through ACAS Early Conciliation for a victimisation claim?
Yes, based on the case excerpts, ACAS Early Conciliation is a necessary step before presenting a claim, including victimisation, to an Employment Tribunal.
What if my employer denies the victimisation complaint?
If your employer denies the complaint, they will file a response (ET3) with the Tribunal. The Tribunal will then proceed to hear the case, potentially with preliminary hearings to clarify issues, before making a final decision on whether the complaint is well-founded.