Victimisation in the Workplace: A Guide for Employers and Employees

As a solicitor specialising in employment law, I frequently encounter cases involving workplace discrimination and harassment. One often misunderstood aspect of workplace dynamics is victimisation. In this article, i’ll delve into what victimisation means in the workplace context, its legal implications under the Equality Act 2010, and how both employers and employees can navigate and address such situations effectively.

What is Victimisation in the Workplace?

Victimisation occurs when an individual faces adverse treatment or retaliation as a result of asserting their rights under the Equality Act 2010. This can include making complaints about discrimination, supporting a colleague in their discrimination claim, or simply being associated with someone who has raised such concerns.

Legal Implications under the Equality Act 2010

Under the Equality Act 2010, victimisation is expressly prohibited. Section 27 of the Act states that it is unlawful for an employer to subject an employee to victimisation because they have done a protected act, such as bringing or supporting a discrimination claim, or raising concerns about discriminatory practices.

Examples of victimisation in the workplace may include:

• Excluding an employee from meetings or important company events because they raised a discrimination complaint.

• Refusing a promotion or pay rise to an employee who supported a colleague in a discrimination claim.

• Spreading rumours or gossip about an employee who has made allegations of discrimination.

How Employers Can Address and Prevent Victimisation

Employers play a crucial role in creating a fair and inclusive workplace culture. Here are some steps they can take to address and prevent victimisation:

1. Implement Clear Policies: Ensure that your organisation has robust policies in place prohibiting victimisation and promoting equality and diversity. These policies should be communicated effectively to all employees.

2. Provide Training: Offer regular training sessions to employees and managers on diversity, inclusion, and the consequences of victimisation. This can help raise awareness and foster a culture of respect and equality.

3. Encourage Reporting: Create a safe and confidential reporting mechanism for employees to raise concerns about victimisation or other forms of discrimination. Take all complaints seriously and investigate them promptly and impartially.

4. Lead by Example: Senior management should lead by example and demonstrate a zero-tolerance approach to victimisation. Show support for employees who raise concerns and take decisive action against perpetrators.

How Employees Can Protect Themselves

While employers have a legal obligation to prevent victimisation, employees also have a role to play in safeguarding their rights. Here are some steps employees can take:

1. Know Your Rights: Familiarise yourself with your rights under the Equality Act 2010 and your organisation's policies on discrimination and victimisation.

2. Keep Records: Document any instances of victimisation or discriminatory treatment you experience or witness, including dates, times, and details of the incidents.

3. Seek Support: Don't hesitate to seek support from HR, a trusted colleague, or a legal adviser if you believe you are being victimised. Remember, you have the right to raise concerns without fear of retaliation.

4. Consider Legal Action: If informal resolution attempts fail, consider seeking legal advice from an employment solicitor. We can assess your case and advise you on the best course of action, which may include filing a claim with the Employment Tribunal.

Closing remarks

Victimisation in the workplace can have serious consequences for both employees and employers. By understanding what constitutes victimisation, adhering to legal obligations, and fostering a culture of equality and respect, organisations can create a positive work environment where everyone feels valued and empowered.

If you have any questions or concerns about victimisation in the workplace, please feel free to contact me. As an experienced employment solicitor, I'm here to provide guidance and support to both employers and employees.

Author: Chris Adiole, Solicitor