Whether you’re an employer or employee, learning about victimisation in the workplace helps you to recognise and respond to victimising behaviour appropriately. In this comprehensive guide, we’ll be explaining victimisation from a legal perspective, sharing examples of what it looks like and what to do if it occurs.
Victimisation is when a staff member is treated unfairly because of their involvement in a harassment or discrimination complaint. Victimisation is specifically named in the Equality Act 2010. This means it’s against the law to treat someone unfavourably because they’ve taken, or are thought to have taken, a particular action relating to discrimination or harassment.
There are lots of different ways an employee might experience victimisation. They might be intentionally left out, not considered for opportunities or promotions, labelled negatively, or treated more critically than before.
The Equality Act 2010 is an essential piece of legislation that protects people from discrimination in Great Britain. When it comes to victimisation, the Act states that a person must not be subjected to “a detriment” because they’ve carried out, or are believed to have carried out, a “protected act”.
A protected act is a step someone takes to exercise their rights under the Equality Act. This could include:
An employer can’t punish or disadvantage someone for doing any of the above (known as subjecting them to a “detriment”). However, if a staff member deliberately makes a false allegation or knowingly gives false evidence, it isn’t a protected act.
Under the Equality Act 2010, discrimination is when an individual is treated unfairly, put at a disadvantage, or subjected to detrimental behaviour because of a protected characteristic. There are nine protected characteristics covered by the Act: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Harassment is defined as unwanted behaviour related to “a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment”. It also covers sexual harassment and treating someone less favourably because they accepted or rejected sexual harassment, or harassment related to sex or gender reassignment.
All employees have the right to speak up about discrimination or harassment at work. If they’re then put at a disadvantage after making or supporting a complaint, this could be classed as victimisation.
Learning to recognise victimisation is key to protecting yourself at work. Here are some examples to help you spot when it might be happening:
A sales advisor applies for multiple internal positions at her company. She’s told she interviews well and meets the relevant criteria, yet is repeatedly passed over for promotion. After one particular interview, the position is awarded to a newer employee with less relevant experience. The sales advisor had previously raised a grievance alleging discrimination, and there are signs that this grievance has influenced the company’s decision not to promote her.
A factory worker gives evidence against their manager in support of a colleague who has complained of discriminatory harassment. Afterwards, the manager punishes the worker for getting involved by giving them undesirable extra shifts and assigning them to isolated duties away from their colleagues.
An office administrator supports a colleague who has made a harassment complaint by giving a statement during the investigation. Afterwards, their manager stops inviting them to team meetings, leaves them out of training opportunities, and becomes noticeably less supportive. When the office administrator questions this, they’re told they aren’t seen as “trustworthy” because they supported their colleague’s complaint.
It’s easy to mix up victimisation, bullying, and discrimination, especially since they can sometimes overlap. Here’s how to identify each one:
Victimisation: This is when someone’s treated poorly because they’ve done a protected act, such as making or supporting a discrimination complaint. To remember the legal definition of victimisation specifically, you might want to memorise this simple slogan: “Protected act + poor treatment = victimisation”
Discrimination: Discrimination generally involves unfair or disadvantageous treatment connected to a protected characteristic, such as someone’s age, race, sex, disability, religion, or sexual orientation. Under previous equality legislation, victimisation was treated as a form of discrimination. However, under the Equality Act 2010, victimisation has its own distinct legal definition and is technically no longer treated as a form of discrimination.
Bullying: This is unwanted or intimidating behaviour that makes someone feel uncomfortable, humiliated, undermined, or excluded. There’s no specific law against bullying itself, although bullying can become unlawful discrimination if it relates to a protected characteristic.
Did you know? Discrimination can be direct (treating someone worse because of a protected characteristic) or indirect (a rule that disadvantages a particular group). You can learn more about indirect discrimination in our blog: Understanding Indirect Discrimination in the Workplace.
If you’ve raised or supported a discrimination complaint and fear your employer is treating you differently as a result, it’s important to speak out. Although raising a workplace complaint can feel awkward, you have a legal right to do so, and addressing the issue early may help prevent the situation from getting worse.
Victimisation is generally reported through the same route as discrimination. This means you’ll need to:
Your employer should then investigate the complaint and follow a full and fair procedure. If you feel uncomfortable about submitting your complaint to your manager, you can raise it with another manager or someone in HR instead, depending on your organisation’s grievance procedure.
When evidencing signs of victimisation, remember to clearly show your employer:
The clearer your evidence is, the easier it will be for your employer to understand what’s happened and take appropriate action.
According to Ciphr, around 38% of UK adults believe they’ve faced some form of discrimination in the workplace.
Whether you’ve spoken up on behalf of a colleague or exercised your personal rights in relation to a protected characteristic, calling out discrimination or harassment is a brave yet very necessary thing to do – not something to be shamed for.
Although speaking up about unfair treatment can feel difficult, raising genuine concerns can help stop inappropriate behaviour from continuing and give your employer the chance to address the problem.
It helps to protect other employees, too. If discrimination, harassment, or victimisation goes unchallenged, the same behaviour may affect someone else in the future. By calling it out, you encourage a fairer workplace where people feel able to raise concerns without fear of being punished for doing so.
Remember, you are fully entitled to exercise your rights under the Equality Act. Raising or supporting a genuine discrimination complaint isn’t something you should be victimised for.
If you’re an employer, you have a legal responsibility to protect your employees from victimisation and other forms of unlawful discrimination. This means that not only should you be mindful of employee rights when it comes to protected acts, but you should also try to:
By taking steps to prevent victimisation, you create a workplace where people feel safe speaking up and know they’ll be treated fairly when they do.
In a broad sense, yes. However, from a legal perspective, victimisation and discrimination have their own distinct definitions. According to the Equality Act 2010, victimisation is when someone is treated unfairly or subject to “a detriment” for carrying out a protected act, such as making or supporting a discrimination complaint. Discrimination, on the other hand, is when someone is treated unfairly because of any of the nine formally recognised protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Bullying is unwanted behaviour that can be intimidating, offensive, insulting, or harmful. There is no specific law against bullying, although bullying may amount to unlawful harassment or discrimination if it is connected to a protected characteristic. Victimisation, by contrast, is specifically covered by the Equality Act 2010. It happens when someone is treated unfavourably or put at a disadvantage because they have carried out, aim to carry out, or are believed to have carried out, a protected act, such as making or supporting a discrimination or harassment complaint.
Yes. Victimisation isn’t just about being mistreated for making a personal complaint. If your employer disadvantages you or treats you unfairly because you supported a colleague’s complaint and you have evidence, it may be seen as victimisation.
Yes. If you believe you’ve experienced victimisation at work, you may be able to make a claim to an employment tribunal. It’s always best to try to resolve the issue informally or raise a formal grievance first, but you don’t have to complete these steps before making a claim. Be sure to gather evidence of what happened and why you believe the treatment was linked to a protected act. Employment tribunals are generally considered a last resort. If you decide to make a claim, you’ll usually need to notify Acas first. They will then offer early conciliation, which gives you and your employer the opportunity to resolve the dispute without going straight to tribunal.
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