I was delighted to help my client who had been subjected to victimisation and disability discrimination at work. Read on for more information about my client’s story.
What Is Victimisation And Disability Discrimination?
The Equality Act (EqA) 2010 protects individuals within the field of employment, occupation and vocational training against disability discrimination, harassment and victimisation.
If an employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable. In an earlier blog I set out the definitions of disability discrimination under the EqA 2010. See https://lincslaw.co.uk/blog/disability-discrimination-claim-client-success/
Victimisation occurs where a person (A) subjects another person (B) to a detriment because either:
- B has done a protected act.
- A believes that B has done, or may do, a protected act.
Employees are protected from victimisation where they do or might do “protected acts”.
Victimisation is often carried out by an individual/employer that has been the subject of a discrimination complaint by an employee.
The following are protected acts:
- Bringing proceedings under the EqA 2010. This includes continuing with proceedings that have already been issued.
- Giving evidence or information in connection with proceedings under the EqA 2010, regardless of who brought those proceedings.
- Doing any other thing for the purposes of or in connection with the EqA 2010.
- Alleging (whether expressly or otherwise) that the employer or another person has contravened the EqA 2010.
Giving false evidence or information, or making a false allegation, will not be a protected act if done in bad faith.
There is no specific timeframe within which a detriment must occur after a person has done a protected act. However, there must be a link between the protected act and the detriment.
The EqA 2010 makes employers legally responsible for victimisation committed by their employees in the course of employment. It does not matter whether the employer knows about or approves of the acts of their employee. However, there is a potential defence available to an employer if it can show that it took “all reasonable steps” to prevent the employee from doing the discriminatory act or from doing anything of that description.
My Client’s Story
My client was diagnosed with cancer. They returned to work after undergoing treatment and recovery. They requested a specific reasonable adjustment, recommended by Occupational Health, which was not put in place and was opposed. This was subsequently rectified, but only after my client complained about the failure to make the adjustment and the way the matter had been handled.
Over the following months, my client was subjected to detrimental treatment in the form of bullying by a particular colleague. This included ignoring my client, excluding them, being disrespectful and being deliberately obstructive when my client asked for their assistance. My client raised concerns with their manager about their treatment, informally, on a number of occasions. However, no action was taken to resolve the situation. My client struggled with the working environment and their mental health began to suffer.
How I Helped
At the point of our initial consultation, a further incident had occurred leading to my client’s sickness absence for stress. They felt isolated with nowhere to turn and were on the point of resigning. I advised my client that they had claims for victimisation/discrimination. I recommended that they submit a formal grievance which I prepared and my client submitted. However, my client did not know if they could face returning to work. They had no faith in the grievance process due to their previous experiences. As an alternative, I discussed with my client that a negotiated exit might be possible. They were keen to explore that rather than proceed with the grievance and an employment tribunal claim. My client’s employer was willing to resolve my client’s complaints on this basis. I was able to negotiate a termination date, a payment in lieu of notice, a payment in respect of accrued but untaken holiday, an ex-gratia payment as compensation for loss of office and in settlement of my client’s employment tribunal claims, an agreed positive reference and a contribution to legal fees.
What My Client Said
“I recently worked with Lincs Law Employment Solicitors, where Kathryn handled my case. Kathryn was knowledgeable and provided great responses. She kept me in the loop throughout the process and gave expert advice while making it clear that the final decision was mine. The resolution was satisfactory and quick. I definitely recommend their services”.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: discrimination and victimisation employment victimisation kathryn bolton Kathryn Bolton Employment Solicitor Specialist Employment Law Solicitor victimisation victimisation at work what is victimisation? workplace victimisation