Victimisation
[ch 2: page 25]This is the legal term that describes what happens when an employer punishes someone for asserting their rights under the EA 10, for example by raising a grievance about pregnancy discrimination, or by helping someone else to assert their rights. This is known as a “protected act”. This kind of retaliatory behaviour is unlawful (section 27, EA 10). Examples of retaliation could include being refused a reference, being side-lined or picked on, or being denied a promotion or a good performance review.
To succeed in a claim for victimisation, the protected act must be one reason for the retaliatory behaviour (even if subconscious), but it need not be the only reason.
The legal duty not to victimise does not end when the employment ends. For example, refusing to interview someone because they complained about pregnancy discrimination in a previous job would be unlawful victimisation (Jessemey v Rowstock Limited [2014] EWCA Civ 185).