Victimisation is arguably the most misunderstood of the types of discrimination. Often employees will allege that they are being ‘victimised’ because they believe that they are being treated unfairly or unreasonably. The legal decision, however, confirms that:
A person (‘A’) victimises another (‘B’) where A subjects B to a detriment because:
- B brought proceedings under the Equality Act
- B gave evidence or information in relation to proceedings under the Equality Act
- B did any other thing for the purposes of or in connection with the Equality Act
- B made an allegation that A or another person has breached the Equality Act
The most common example of victimisation is where an employee has made a complaint of direct discrimination, indirect discrimination or harassment and as a result is labelled a ‘trouble maker’ and excluded from the business.
If you are an employer and have been accused of victimisation please contact Nockolds' Employment Team on 01279 755777 or get in touch with Gary Smith, Partner in our Employment Team.