Victimisation is one of the lesser-known forms of discrimination and has a particular legal meaning.
What is the legal test?
Victimisation occurs when someone suffers poor treatment because:
- They have done a protected act or,
- They are believed to have done a protected act, or may do in the future.
Some examples of protected acts are:
- Making a complaint about discriminatory treatment to your employer;
- Giving evidence in the Tribunal.
An employee believes they have been discriminated against at work. The employee raises a grievance about this treatment with their employer. The employer dismisses the employee straight after they make the complaint stating that they “don’t want to have to deal with it”.
This situation is likely to give rise to a claim of victimisation as the employer has dismissed the employee because of the employee’s complaint about discrimination.