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What Is Victimisation?

Victimisation has a very specific meaning and is described in Section 27 of the Equality Act 2010. It’s not just about being singled out. It is unlawful for one person to treat another less favourably than they would treat other people because that person has made or supported a complaint or raised a grievance under the Equality Act 2010. [see How to prepare a Scott Schedule for a victimisation claim]

You will have a victimisation claim if you are treated less favourably because you:

• Started a discrimination case against your employer.
• Gave evidence or information about a discrimination case (yours or someone else’s)
• Did something in support of a discrimination case (yours or someone else’s)
• Complained that someone has breached the Equalities Act.

You don’t need to use a comparator in a victimisation claim. In order to address victimisation, you should raise a formal grievance with your employer. You should also consider using the questions procedure in addition.