LRD guides and handbook February 2023

Tackling sexual harassment at work — an LRD guide

Chapter 2

Victimisation

[ch 2: page 15]

Fear of victimisation is one of the biggest barriers to people reporting harassment at work, the EHRC has found. The EA 10 protects workers — including former workers — against victimisation.

The EHRC explains that victimisation means treating a worker badly — subjecting them to a detriment — because they have done a protected act. A detriment can be any unfavourable treatment and could include being rejected for promotion or denied training opportunities.

A protected act includes making a complaint about harassment, but a worker can be victimised because it is believed they are going to undertake a protected act. They do not necessarily have to have done it. It also includes helping someone else make a claim, by giving evidence or information, or alleging that someone has breached the EA 10.