We are often contacted by clients who believe they have been victimised in the workplace. They discuss with us how they have been unfairly treated by their employer. Whilst there may be claims they can bring; we explain that a claim of victimisation at the Employment Tribunal has a very specific definition and will only arise in particular circumstances. Please read on for further information.
What Is A Claim Of Victimisation At The Employment Tribunal?
Victimisation is a claim you can bring under the Equality Act 2010. Victimisation occurs when your employer (or perhaps a colleague) subjects you to a detriment at work because you did a protected act (or because your employer and colleagues believe you may do a protected act in the future).
When considering whether you have an Employment Tribunal claim for victimisation, it is important to break the definition down into its component parts.
- Protected Act
For a claim of victimisation, there must first be a protected act (or an anticipated protected act). A protected act is where you raise a compliant about discrimination that you have suffered at work. It also extends to supporting colleagues in their complaints of discrimination. For more information on discrimination, please see our website: https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/
Examples of a protected acts include:
- Lodging a grievance at work in respect of discrimination you are experiencing
- Commencing ACAS Early Conciliation or an Employment Tribunal claim in respect of a claim of discrimination under The Equality Act 2010.
- Acting as a witness or supporting a colleague in their own grievance about discrimination.
- Identifying and reporting to your employer that a colleague has contravened The Equality Act 2010.
- Your Employer And/Or A Colleague Subjects You To A Detriment At Work
The next element in your claim for victimisation is that you are subjected to a detriment at work because of your protected act. Detriments are when you are treated unfairly, negatively, or unjustly at work. Some common examples of detriments which could give rise to a claim of victimisation are:
- You submit a grievance for discrimination. Your employer completes the correct grievance procedure but soon after you are subjected to an unjustified disciplinary process or unfairly selected for redundancy.
- You start ACAS Early Conciliation is respect of your claim of discrimination. Shortly after, you are told by your employer that your hours and duties at work are going to be reduced.
- You act as a witness for a colleague in their discrimination claim, shortly after you are subjected to an unjustified performance improvement plan.
Lincs Law Employment Solicitors Can Help
If you believe you have a claim for victimisation, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information about victimisation, bullying, harassment and discrimination claims, please visit our website at https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Detriments at work discrimination and victimisation discrimination at work Employment Problems Employment Solicitors Lincoln jasmine stewart lincs law employment solicitors victimisation at work what is victimisation?