Victimisation occurs when someone is treated unfairly after making or supporting a complaint about discrimination or harassment. This treatment can also affect individuals who were not directly involved in the complaint but provided support.
Common signs of victimisation include exclusion from meetings, negative treatment from managers, or being labelled as a troublemaker.
It is important to distinguish victimisation from bullying at work. While both involve unfair treatment, victimisation specifically refers to punishment for engaging in a legally protected act, such as raising a discrimination complaint.
Victimisation can create a hostile work environment, impacting employees’ mental health and overall staff morale, which may reduce productivity and workplace cohesion.
Victimisation and the Equality Act 2010
Victimisation is explicitly addressed under section 27 of the Equality Act 2010. It protects individuals from being treated unfairly because they have carried out a “protected act.” In the context of employment, this may include:
- Making a complaint about discrimination.
- Supporting someone else’s complaint.
- Acting as a witness in a discrimination case.
- Disclosing a breach of the Equality Act 2010 within the workplace.
Under the Act, employees must be able to raise concerns about discrimination or harassment without fear of retaliation.
What is a Protected Act?
A protected act refers to specific actions covered by the Equality Act 2010 that safeguard employees from being victimised. These include:
- Making a complaint under the Equality Act.
- Supporting or giving evidence in someone else’s complaint.
- Raising concerns about discriminatory behaviour.
It is unlawful for an employer or colleague to treat someone less favourably because they have engaged in any of the above actions.
Examples of Victimisation at Work
Victimisation may not always be obvious. Below are common examples:
Bullying and Harassment
An employee who raised a concern may be labelled a troublemaker, mocked, or excluded from work communications. This may occur subtly, such as being left off email threads or denied opportunities to contribute.
Microaggression
Persistent indirect discrimination based on protected characteristics may be a form of victimisation. For example, consistently mispronouncing someone’s name or making age-related assumptions about technological abilities.
Retaliation
Following a discrimination complaint, colleagues may begin to exclude the complainant or withhold important work-related information. This conduct, if linked to the protected act, could constitute victimisation.
Threats of Dismissal
An employer should not threaten dismissal because an employee has raised a legitimate complaint under the Equality Act. If an employee is dismissed or penalised for doing so, this may form the basis for legal action.
Excessive Workload
Assigning unreasonable workloads or unrealistic deadlines to an employee after they’ve made a protected complaint may be considered victimisation, particularly if intended to punish or undermine them.
Impact of Victimisation
Victimisation can cause significant psychological harm. It creates a culture of fear and distrust, reducing morale and productivity. Employees may leave the organisation, resulting in high turnover, reputational damage, and difficulty retaining staff.
When Is Someone Not Protected Against Victimisation?
Protection under the Equality Act does not extend to employees who make false allegations in bad faith. For protection to apply, the individual must act in good faith, believing the complaint or disclosure to be true.
Workplace Bullying vs Victimisation
While both bullying and victimisation involve harmful behaviour, the key difference lies in intent and context.
Bullying is often repeated and may not be linked to any legal complaint. Victimisation arises specifically from an employee engaging in a protected act. Both can cause psychological harm and foster a toxic workplace culture.
The Law and Victimisation in the Workplace
Section 27 of the Equality Act 2010 is the primary legal basis for protection against victimisation. Employers are legally required to prevent such conduct and ensure employees are treated fairly after making or supporting complaints about discrimination.
Employer’s Duty of Care
Under the Health and Safety at Work Act 1974, employers must safeguard both the physical and mental health of their employees. This includes preventing emotional harm caused by workplace victimisation.
Failure to do so may constitute a breach of the employers duty of care and open the employer to legal consequences.
What to Do if You’re Facing Victimisation in the Workplace
Employees who suspect they are being victimised should consider the following steps:
- Keep detailed written records of incidents, including dates and descriptions.
- Attempt informal resolution where appropriate.
- Escalate the issue to HR or a senior manager.
- Request a copy of the company’s grievance policy.
- Seek independent legal advice if necessary.
Legal Recourse if Your Employer Fails to Act
If internal procedures do not resolve the issue, employees may bring a claim to an Employment Tribunal for unfair dismissal. Claims can be made under the Equality Act 2010 or the Health and Safety at Work Act 1974. Legal advice should be sought early in the process. Some cases may lead to a claim for constructive dismissal if the working conditions become intolerable.
