Is Victimisation a Form of Discrimination

Mental and physical health risks can fall on employees who are harassed and harassed in the workplace. It is even possible that an employee continues to be treated unfairly, even if they have been fired, for example by being denied a referral or receiving a bad reprimand. In Benton v. Care Needs Ltd, the Labour Court upheld a victimisation action if the complainant`s employer had not provided her with a pay slip because she had brought an action for discrimination and harassment on the basis of sex because of her IVF treatment and subsequent miscarriage. To succeed in a claim of indirect discrimination, you must prove that your employer`s policies or practices discriminate against those who have a protected characteristic, that you have that protected characteristic, and that you are also disadvantaged by a policy or practice. In contrast, in section 27 of the 2010 Act, victimisation is defined as follows: Unlike harassment, which broadly refers to illegal behaviour related to a protected characteristic, victimization specifically refers to being treated unfairly because a person complained of discrimination or harassment or helped someone else file such a complaint. Therefore, there must be a clear connection between the initiation, suggestion or support of a discrimination or harassment proceeding on your part and the unfair treatment you have suffered. If you don`t feel comfortable doing so, you can file a formal complaint. There are several examples of discrimination in the workplace that are classified as victimization. The Equality Act 2010 declares this unfair treatment illegal. Here are three examples of victimization: If your employer treats you less favourably because of your pregnancy, this could constitute direct discrimination. Direct discrimination occurs when one person is treated less favourably than another because of a protected characteristic.

The Equality Act uses the term “less favourable treatment”. For example, if you are treated worse than another colleague because you are a woman, this would amount to direct discrimination. Less favourable treatment because of your association with a person who has a protected characteristic is also a form of direct discrimination. You are not protected from victimization if you act in bad faith by making false accusations or giving false information. If the employee acted sincerely, they are protected from victimization (even if their claim was later rejected by a court). You sue your employer for discrimination based on sex. As a result, you will be denied boarding. This is victimisation and you can take action against your employer under the Equality Act.

You suffered a disadvantage because you were not promoted. You must keep accurate records of meetings and other discussions. This can protect you from discrimination and unjustified termination requests. It is illegal for someone to mistreat you because you are doing something against the unlawful discrimination or because they think you have done or could do something about the unlawful discrimination. Proving allegations of discrimination can be difficult: discrimination is rarely explicit. Most employers won`t really say, “The reason I`m firing you is because of your protected trait.” It is therefore necessary to present evidence to prove the true reason for the treatment, so that the court can conclude from the facts what actually happened. Victimization is a complex and highly emotional area of the law. So if you`re dealing with victimization, hiring an experienced professional can ensure you get the justice you deserve. In our article on discrimination against parents and carers in the workplace, you will find an overview of common forms of discrimination against parents and carers.

Discrimination in the workplace can take different forms – this article covers the following forms: In everyday language, “victimisation” is often used interchangeably with words such as harassment or bullying, but in the context of the 2010 law, it is legally defined as a separate specific category of prohibited behaviour. If you`re facing victimization, don`t worry. They may be protected by the Equality Act 2010. In this recent article, our discrimination advocates outline the five things you need to know when dealing with victimization. The Equality Act 2010 prohibits discrimination in the workplace on the basis of certain characteristics known as “protected characteristics”. People should be able to advocate for themselves or help others do so without being abused in return. But sometimes people don`t speak out because they fear retaliation. This could mean losing their job, being bullied or refusing to serve. That`s why Victoria`s laws protect people from victimization. In some circumstances, you may feel more comfortable speaking directly to Acas or a lawyer. Let`s say your employer is the person who engages in the behaviour, or the victimization you`re dealing with is extreme.

You are legally responsible for protecting the health, safety and well-being of your employees. This also includes protecting employees from all forms of discrimination. Victimization occurs when a person is disadvantaged or punished for complaining about discrimination or harassment in the workplace (or for intending to file a complaint) or for helping someone who has been discriminated against. The decision not to provide a reference could be a clear sign of victimization in a judicial environment. Workers are harassed because someone believes they have filed a complaint – even if they have not. First, talk to your employer and try to resolve issues informally. Try to keep communication friendly if you can. This can sometimes be more effective if you focus on solutions and the way forward rather than on things you`re not happy with. A guardian yells at a student because he thinks she intends to support another student`s sexual harassment complaint.

That would amount to victimization. They may complain of discrimination caused by: The law protects them from discrimination in the workplace based on any of these protected characteristics with respect to their terms and conditions of employment, wages and benefits, promotion and transfer opportunities, training and recruitment, and dismissal and dismissal.