Employment Law – Victimisation

The Equality Act 2010 protects people from unlawful discrimination at work.

The protected characteristics under the Equality Act are:

• Age
• Disability
• Gender Reassignment
• Marriage and civil partnership
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation

The Equality Act also protects people from victimisation where they are subjected to a detriment because they have taken, or are believed to have taken or may take, certain action connected with discrimination law.

What is Victimisation?

Victimisation occurs where a person subjects you to a detriment because:

• You Have done a protected act
• They Believe you have done a protected act
• They Believe you may do a protected act

This protection is intended to prevent retaliation against people who:

• Complain about discrimination
• Support another person's complaint
• Give evidence
• Otherwise exercise rights under the Equality Act

For example, an employer should not punish an employee because they raised a genuine complaint of sexual harassment or supported a colleague's race discrimination claim.

What is a Detriment?

A detriment is treatment that puts you at a disadvantage or makes your position worse.

Examples can potentially include:

• Refusing promotion
• Excluding you from meetings
• Removing responsibilities
• Denying training
• Giving an unjustified poor reference
• Reducing opportunities
• Subjecting you to disciplinary action
• Bullying or ostracising you
• Dismissing you

The treatment does not necessarily have to involve financial loss.

The question is whether you have been subjected to a disadvantage because of the protected act.

What is a Protected Act?

Under the Equality Act, the main protected acts include:

• Bringing proceedings under the Equality Act
• Giving evidence or information in connection with Equality Act proceedings
• Doing something for the purposes of or in connection with the Equality Act
• Making an allegation that someone has breached the Equality Act

A protected act can therefore include activities such as:

• Raising a discrimination grievance
• Complaining about harassment
• Supporting a colleague's discrimination complaint
• Acting as a witness
• Providing relevant evidence
• Helping someone pursue an Equality Act claim
• Alleging that discriminatory treatment has occurred

The complaint does not necessarily need to use legal terminology such as Equality Act, victimisation or discrimination.

However, what you say or do must sufficiently relate to rights protected by the Equality Act.

Do I Need to Have a Protected Characteristic Myself?

No.

You do not personally need to share the protected characteristic involved in the original discrimination complaint.

For example, a non-disabled employee might give evidence supporting a disabled colleague's disability discrimination complaint.

If the supporting employee is later disadvantaged because they gave that evidence, they may potentially have their own victimisation claim.

Similarly, you could be protected for complaining about discriminatory treatment directed at another person.

Does the Original Discrimination Complaint Have to Succeed?

No.

A protected act can remain protected even if the underlying discrimination allegation is ultimately:

• Not upheld
• Unproven
• Mistaken

The important exception concerns bad faith.

If someone deliberately gives false evidence or deliberately makes a false discrimination allegation in bad faith, that conduct is not protected for victimisation purposes.

This is different from making an allegation honestly that later turns out to be incorrect.

Does My Employer Have to Know I Have Actually Made a Complaint?

Not necessarily.

Victimisation can also occur where the employer or another person believes that you:

• Have done a protected act
• May do a protected act

even where that belief is mistaken.

For example, a manager might wrongly believe that you are about to support a colleague's discrimination grievance and disadvantage you because of that belief.

The statutory protection can potentially apply even though you had not actually decided to take that step.

Is a Comparator Required?

No.

Unlike some direct discrimination claims, victimisation does not require you to identify another employee who was treated more favourably.

The central questions are whether:

• You Suffered a detriment
• You Had done, or were believed to have done or potentially to do, a protected act
• The Detriment occurred because of that protected act or belief

There must therefore be a sufficient causal connection between the protected act and the treatment complained about.

Examples of Victimisation

Example 1 – Supporting a Disabled Colleague

A non-disabled employee gives evidence supporting a disabled colleague in a disability discrimination claim.

Afterwards, the employee is deliberately excluded from important meetings and treated as a troublemaker because they gave that evidence.

This could potentially amount to victimisation.

Example 2 – Sexual Harassment Complaint

An employee raises a complaint that a senior manager sexually harassed them.

The employee subsequently applies for a promotion and is rejected because management considers them difficult for having raised the complaint.

The refusal of promotion could potentially amount to victimisation.

Example 3 – Supporting a Race Discrimination Grievance

A manager is expected to investigate an employee's race discrimination grievance.

Senior management believes that the manager intends to support the employee's complaint and threatens the manager with disciplinary action because of that anticipated support.

The manager may potentially be protected against victimisation even if they had not yet formally supported the grievance.

Example 4 – Acting as a Witness

An employee agrees to act as a witness in a colleague's discrimination proceedings.

Their employer later removes them from a valuable project because they gave evidence against the organisation.

This could potentially amount to victimisation.

Is Victimisation the Same as Bullying?

No.

Victimisation has a specific legal meaning under the Equality Act.

Someone can be:

• Bullied
• Treated unfairly
• Managed badly

without that treatment necessarily amounting to Equality Act victimisation.

For a victimisation claim, the detriment must be because of a protected act or a belief that the person has done or may do one.

However, bullying can itself form the detriment where it occurs because of the protected act.

Can Victimisation Happen After Employment Ends?

Potentially, yes.

Equality Act protection can continue after employment has ended where the treatment arises out of or is closely connected with the former employment relationship.

For example, issues can potentially arise where a former employer gives an adverse reference because the employee previously brought a discrimination complaint.

The fact that the employment relationship has ended does not automatically remove all Equality Act protection.

Who Can Be Liable for Victimisation?

Liability can potentially arise against:

• The Employer
• The Individual responsible
• Both

An employer can be vicariously liable for unlawful acts carried out by employees in the course of employment.

The individual employee who commits the victimisation can also potentially be personally liable.

An employer may have a defence to vicarious liability if it can establish that it took all reasonable steps to prevent the employee from committing the unlawful act or acts of that description.

What Should I Do if I Believe I Am Being Victimised?

It can be helpful to keep evidence showing:

• The Protected act you carried out
• When the employer became aware of it
• What treatment followed
• Who made the relevant decisions
• Any comments linking the treatment to your complaint
• Relevant emails or messages

Where appropriate, you may initially raise the issue informally.

If it is not resolved, you can consider raising a formal Grievance at Work.

A grievance should normally explain:

• What protected act you carried out
• What happened afterwards
• Why you believe the treatment was connected
• What evidence supports your position
• What outcome you are seeking

You do not generally have to resign before bringing a victimisation claim.

What Compensation Can Be Awarded?

Compensation for victimisation under the Equality Act is not subject to the ordinary statutory cap that applies to ordinary unfair dismissal compensation.

Depending on the circumstances, compensation can potentially include:

• Past loss of earnings
• Future loss of earnings
• Lost benefits
• Injury to feelings
• Psychiatric or physical injury where established
• Aggravated damages in appropriate cases
• Interest

Employment Tribunals use the Vento bands as guidance when assessing injury-to-feelings compensation.

For claims presented on or after 6 April 2026, the current bands are:

• Lower band – £1,300 to £12,600
• Middle band – £12,600 to £37,700
• Upper band – £37,700 to £62,900

Exceptional cases can justify an award above the upper band.

The amount depends on the actual impact of the unlawful treatment rather than simply the number of incidents.

What is the Time Limit for a Victimisation Claim?

Strict Employment Tribunal time limits apply.

As at 10 September 2026, a victimisation claim will generally need to be started within:

3 months minus 1 day

from the act of victimisation complained about.

Where there is conduct extending over a period, the limitation period can potentially run from the end of that continuing act.

Before presenting most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

Notifying Acas within the applicable limitation period can pause the limitation clock and affect the final filing date.

For further guidance, see Time Limits and Tribunal Proceedings.

Is the Time Limit Changing?

Yes.

From 1 October 2026, the limitation period for most Employment Tribunal claims, including Equality Act victimisation claims, increases to:

6 months minus 1 day

The longer period generally applies where the relevant limitation period starts on or after 1 October 2026.

A grievance or other internal procedure does not normally stop the Tribunal limitation period from running.

A Tribunal also has discretion to allow a late Equality Act claim where it considers that doing so would be just and equitable, but an extension should not be relied upon.