Here at Lincs Law Employment Solicitors we, unfortunately, receive many calls from clients who feel they are being “victimised” at work. However, victimisation has a very specific meaning in law. Please read on to find out more.
Victimisation: Overview
Victimisation is a particular claim in the Employment Tribunal. A claim for victimisation at work is brought to the Employment Tribunal under the Equality Act 2010. Essentially, this is where a person is subjected to a detriment by their employer because:
- They have done a ‘protected act’; or
- Their employer thinks they have done, or may do, a “protected act”.
As the above illustrates, victimisation has a very specific meaning, with very specific elements that must be proven to the Employment Tribunal. It is therefore important to consider each element in turn, as below.
What Is a Protected Act?
The first step in establishing a victimisation claim is identifying a “protected act”. This is defined in the Equality Act 2010 as follows:
(a) bringing proceedings under the Equality Act 2010;
(b) giving evidence or information in connection with proceedings under the Equality Act 2010;
(c) doing any other thing for the purposes of or in connection with the Equality Act 2010;
(d) making an allegation (whether or not express) that someone has contravened the Equality Act 2010.
Putting the above into context, common examples of protected acts include:
- Submitting a discrimination claim in the Employment Tribunal against your employer. Please find our page about discrimination claims here – https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/.
- Raising a grievance or complaint at work (whether in writing or verbally) alleging that you have suffered some form of discrimination. For example, your employer has failed to make reasonable adjustments in relation to your disability, being treated less favourably than a colleague because of your race etc.
- Acting as a witness or giving evidence to support a colleague in their discrimination complaint.
Please note, the above is not an exhaustive list. When considering whether something is a protected act, the definition in the Equality Act 2010 (as above) should be fully considered.
Have You Suffered a Detriment?
The next step to establishing a victimisation claim under the Equality Act 2010 is that your employer (and/or colleague) has subjected you to a detriment. There is no specific definition of a detriment in the Equality Act 2010. However, statutory guidance suggests that a detriment is:
“….anything which the individual concerned might reasonably consider changed their position for the worse or put them at a disadvantage…”
In practice, common examples of detriments include being:
- Rejected for a promotion.
- Bullied by colleagues – for example, being called names, excluded from work events or team calls.
- Denied bonuses, commissions, or other payments.
- Subject to reductions in your hours, pay, additional benefits or duties.
- Subject to unsubstantiated disciplinary processes.
- Unfairly selected in a redundancy process.
- Threatened with dismissal.
- Dismissed from your employment.
Again, the above is not an exhaustive list. What can be considered as a detriment is very wide and will very much depend on your individual circumstances. If you have suffered the above treatment at work (or indeed any bad treatment at work), please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Causation – Was the Detriment Because Of The Protected Act?
For a victimisation claim, it is also very important there is a causal link between the detriment and the protected act. Essentially, you would need to establish that your employer (and/or colleague) subjected you to a detriment/s because you had done a protected act. Or, alternatively, because they thought you had done or may do a protected act.
Importantly, your protected act need not be the only reason for the detrimental treatment. It is possible to establish a victimisation claim where your protected act is one of the reasons for the detrimental treatment, but not the only reason for your employer’s actions.
Some examples of victimisation which could give rise to a claim in the Employment Tribunal are:
- You submit a claim under the Equality Act 2010 to the Employment Tribunal but soon after you are subjected to unsubstantiated disciplinary proceedings.
- You raise a grievance or complaint alleging discrimination. Your employer goes through a grievance procedure. You are then unfairly selected for a redundancy process.
- You act as a witness for a colleague in their discrimination complaint. You then experience bullying and are excluded from work events by your other colleagues.
- Your employer thinks (rightly or wrongly) you may, in the future, submit a discrimination claim to the Employment Tribunal. They therefore decide to reject you for a promotion.
There is no strict time frame required between the protected act and the detriment. Therefore, in theory, there could be days, months or even years between a protected act and detriment. However, importantly, the causation “because of” question will always need to be established to successfully pursue a victimisation claim in the Employment Tribunal.
Beware Of Your Time Limits!
If you think you have suffered a detriment/s after doing a protected act, it is important you act quickly. The Employment Tribunal has very strict time limits. Essentially, you must start the Employment Tribunal process within three months (less one day) of the act complained of.
You start the Employment Tribunal process with something called ACAS Early Conciliation. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/.
Lincs Law Employment Solicitors Can Help You
If you believe you have a claim for victimisation, or you are experiencing other issues at work, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Kate Key
Trainee Employment Solicitor
Lincs Law Employment Solicitors
Tags: Detriments at work Discrimination discrimination and victimisation dismissal equality act 2010 Kate Key lincs law employment solicitors protected act Trainee Employment Solicitor victimisation at work