Victimisation

“Victimisation” has a specific meaning under the EA 10.

It is victimisation to subject someone to a detriment for doing a “protected act”. A protected act is any act connected to a complaint of discrimination, including lodging a grievance complaining of discrimination, supporting a colleague’s grievance or bringing a tribunal claim alleging discrimination or harassment.

Examples of victimising behaviour could include being:

• bullied, picked on or belittled;

• ostracised or excluded, having tasks removed;

• denied promotion;

• denied bonuses paid to comparable colleagues; or

• given a poor reference.

Workers can bring a claim for victimisation even though their allegation of discrimination was mistaken, as long as it was not made in bad faith.