Victimization in the workplace is a significant issue that many employees face but often struggle to address. If you've been treated unfairly for asserting your rights or raising concerns at work, it’s essential to understand your legal protections under the Equality Act 2010 and how to take action.
What Is Victimization in Employment Law?
Victimization occurs when an employee is subjected to unfair treatment (a detriment) because they have performed a protected act. A protected act can include:
Filing a grievance or complaint about discrimination.
Raising concerns about harassment or bullying.
Supporting a colleague in their discrimination claim.
Taking legal steps, such as filing an Employment Tribunal claim.
Under the Equality Act 2010, victimization is unlawful and provides grounds for a claim if you can prove:
You performed a protected act.
You suffered a detriment as a result.
The unfair treatment was a direct consequence of your protected act.
Examples of Victimization at Work
Victimization can take many forms, such as:
Being excluded from meetings or opportunities after filing a discrimination grievance.
Facing false accusations of misconduct after reporting harassment.
Being dismissed shortly after pursuing an Employment Tribunal claim.
Experiencing workplace bullying for supporting a colleague’s discrimination case.
How Does Victimization Differ From Harassment or Discrimination?
While discrimination and harassment are linked to unfair treatment based on a protected characteristic (e.g., age, disability, gender), victimization focuses on retaliation for asserting your rights. For example:
Discrimination: Denied a promotion because of your gender.
Harassment: Bullied at work because of a disability.
Victimization: Fired after filing a complaint about the above.
Your Legal Rights Against Victimization
The Equality Act 2010 protects employees from victimization, ensuring that no one faces retaliation for exercising their rights. Key protections include:
Right to Compensation: If you prove victimization, you can claim financial and emotional damages.
Protection During Employment and Dismissal: The law applies whether you’re a current employee, a dismissed worker, or even an applicant.
Steps to Take If You’re Victimized at Work
Document the Incidents:
Keep a detailed record of the unfair treatment, including dates, times, and individuals involved.
Raise a Grievance:
Use your company’s formal grievance procedure to raise your concerns. This is often the first step in resolving workplace disputes.
Seek Legal Advice:
Consult an employment lawyer to evaluate your case and understand your rights.
Apply to ACAS:
Before filing a claim with the Employment Tribunal, engage with ACAS for early conciliation.
File an Employment Tribunal Claim:
If the issue isn’t resolved, you can take your case to the tribunal. Claims for victimization often involve compensation for financial loss and injury to feelings.
What Can You Claim for Victimization?
Victimization claims often result in:
Injury to Feelings Compensation:
Based on the Vento Bands, compensation ranges from:
Lower Band (£1,100–£11,200): For less severe cases.
Middle Band (£11,200–£33,700): For moderate cases.
Upper Band (£33,700–£56,200): For severe cases with significant emotional impact.
Financial Losses:
Includes loss of earnings, bonuses, or opportunities.
Aggravated Damages:
Awarded in cases where the employer’s behavior was malicious or particularly egregious.
Key Case Law on Victimization
St Helens Borough Council v Derbyshire (2007):
Victimization was upheld where an employer’s letters discouraged employees from pursuing a tribunal claim.
Chief Constable of West Yorkshire Police v Khan (2001):
Clarified that retaliation through adverse treatment after a grievance constitutes victimization.
How to Strengthen Your Claim
To improve your chances of success:
Provide clear evidence linking the detriment to your protected act.
Demonstrate the emotional and financial harm caused by the employer’s actions.
Ensure that you follow all grievance and ACAS procedures before filing a tribunal claim.
Need Help with Your Victimization Case?
If you believe you’ve been victimized at work, our experienced employment lawyers can help. We’ll guide you through the process, ensuring your rights are protected and you receive fair compensation. Contact us today for a free consultation.
