At Lincs Law, we often speak to employees who feel they are being victimised at work. This blog looks at the legal definition of victimisation as well as steps you can take to address the issue.
What Is the Legal Definition of Victimisation
Victimisation has a specific legal definition under the Equality Act 2010 and can only arise when the specific components of the definition are met. These components are:
- You Have Made a 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
- 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.
For more details on victimisation, including specific examples, please see our blog: https://lincslaw.co.uk/blog/can-i-claim-victimisation-against-my-employer/
What Should I do If I am Being Victimised at Work?
If you are being victimised at work, you should take the following steps.
- Raise it with your Employer
Your employer has a duty to protect you whilst you are at work. This includes protection from victimisation.
If you consider you are being victimised at work, you should raise your concerns with your manager as soon as possible. If your manager is the person who is victimising you, you should raise your concern with your HR Department or an independent manager. They may be able to resolve the situation informally.
If they are not able to resolve the matter informally, you should raise a formal grievance in respect of the behaviour you are experiencing. Once you have raised a formal grievance, your employer will have a duty to investigate your claims. Once they have carried out their investigation, they should provide you with a report which sets out their findings and any recommendations they intend to implement to protect you whilst you are at work.
For more information on Grievance procedure please see our website: https://lincslaw.co.uk/blog/how-do-i-raise-a-grievance-about-work/
- Obtain legal advice from a Specialist Employment Solicitor
You should also take legal advice for a specialist employment solicitor as soon as possible.
If you have been victimised at work, you may have the ability to pursue claims at the Employment Tribunal. These claims have strict deadlines, as discussed below, therefore it is important to take specialist legal advice without delay to fully know your options.
Do not wait until your after your grievance has concluded to take legal advice as you may be out of time to pursue claims at the Employment Tribunal.
Employment Tribunal Claims and Time Limits
If the behaviour you have been subjected to meets the definition of Victimisation (as discussed above) then you would need to commence a claim in the Employment Tribunal.
There are very specific time limits for bringing claims in the Employment Tribunal. You must commence ACAS Early Conciliation within 3 months less one day from the last act of victimisation or event you are claiming.
ACAS Early Conciliation is a mandatory process that all potential litigants must go through before they can bring a claim to the Employment Tribunal. The aim of ACAS is to try and resolve the dispute between you and your employer without the need for further claims to be brought in the Employment Tribunal. If you are unable to resolve your dispute through ACAS Early Conciliation you will then be able to proceed to the Employment Tribunal.
How Can Lincs Law Employment Solicitors Help You
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/
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