Victimisation
[ch 2: page 32]“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.