Victimisation at Work What It Is and How to Claim

If you complained about discrimination and your employer treated you worse in return, that's victimisation — a separate illegal act. You can claim even if the original complaint doesn't succeed.

What is victimisation under the Equality Act?

Victimisation is less favourable treatment because you have done a "protected act." A protected act means making a complaint of discrimination, giving evidence in a discrimination case, or otherwise asserting your rights under the Equality Act. You don't have to be the person who made the original complaint — if you support someone else's claim, you're protected. And the protection applies even if the underlying discrimination claim doesn't succeed.

What counts as a "protected act"?

A protected act under section 27, Equality Act 2010 includes: (1) making a complaint of discrimination to your employer; (2) giving evidence or information in proceedings (tribunal, court); (3) doing anything else in connection with the Equality Act (like raising a concern with HR, participating in an investigation); (4) making an allegation that someone has breached the Equality Act. The act must be done in good faith — if you make a false complaint knowing it's false, it's not protected.

Is retaliation the same as victimisation?

No. Victimisation is a legal claim under the Equality Act (section 27). Retaliation is broader — it means any negative treatment following a complaint, whether or not discrimination is involved. You can claim victimisation in an employment tribunal. You can't directly claim "retaliation" in a tribunal, but you might claim constructive dismissal or another breach of contract if you're forced to resign due to retaliation.

Do I need to prove the underlying discrimination claim succeeded?

No. This is crucial. You can claim victimisation even if your underlying discrimination claim is weak or fails entirely. The tribunal only asks whether you did a protected act and whether you were treated worse because of it. If you complained about discrimination (the protected act), and your employer then dismissed you, that's victimisation — regardless of whether the original complaint had merit.

What counts as less favourable treatment in a victimisation claim?

Less favourable treatment includes dismissal, demotion, disciplinary action, being excluded from meetings, reduction in hours, being moved to a worse location, or any treatment worse than you would have received had you not done the protected act. Even creating a hostile environment or making your work difficult counts. The treatment must be materially worse, though.

How long do I have to claim victimisation?

Three months minus one day from the date of the victimisation (the less favourable treatment). If it's a course of conduct, the three-month clock runs from the last incident. You must contact ACAS within this timeframe to start early conciliation before filing your ET1. There's no two-year service requirement — you can claim from day one.

Can I claim both the original discrimination and victimisation?

Yes. You can claim the underlying discrimination (harassment, unfair dismissal, etc.) and also claim victimisation if the employer treated you worse for complaining about it. These are separate claims. Even if you lose the underlying claim, you might win the victimisation claim. Many claimants win victimisation while losing the original discrimination claim.

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Victimisation at Work

What It Is and How to Claim

If you complained about discrimination and your employer treated you worse in return, that\'s victimisation — a separate illegal act. You can claim even if the original complaint doesn\'t succeed.

Claim from the underlying discrimination

Time limit from the victimisation

Can claim from day one

Victimisation: protected acts and less favourable treatment

Victimisation is defined in section 27 of the Equality Act 2010 as less favourable treatment because you have done a "protected act" — essentially, because you complained about discrimination or supported someone else\'s complaint.

The key principle is this: the law protects you for asserting your rights. If you say "I think I\'m being discriminated against," the employer cannot punish you for speaking up.

What is a protected act?

A protected act means:

Formally complaining to your employer (HR, your manager, a hotline) that you\'ve been discriminated against, harassed, or treated unfairly due to a protected characteristic.

Giving evidence or information

Participating in an investigation, giving a statement, or testifying in a tribunal or court about someone else\'s discrimination complaint.

Asserting your rights

Doing anything in connection with the Equality Act — raising a concern, reporting a breach, requesting reasonable adjustments, or claiming you should be paid equally.

Making an allegation

Alleging that someone (your employer, colleague, client) has breached the Equality Act. The allegation must be made in good faith.

Why victimisation claims are powerful: you don\'t need to prove the underlying claim

This is the key strength of victimisation claims. You don\'t need to prove the original discrimination claim was correct — you only need to show you made a protected act and were treated worse because of it.

Here\'s why this matters:

You complain that you\'re being paid less than a colleague of the opposite sex (an equal pay claim). The tribunal finds your pay actually is fair — you don\'t win the equal pay claim.

During the investigation, your employer dismisses you. You can still claim victimisation — the tribunal doesn\'t need to agree the pay was unfair. They only ask: did you make a protected act (the complaint), and were you dismissed because of it? If yes, that\'s victimisation.

This is why many claimants win victimisation claims even if they lose the underlying discrimination claim. The employer cannot retaliate for complaints — even wrong complaints — made in good faith.

Examples of victimisation

Less favourable treatment can take many forms:

You complain about harassment. Your employer dismisses you a few weeks later, citing performance. If the dismissal was genuinely unrelated to the complaint, it might not be victimisation. But if the timing is suspicious and the real reason was the complaint, it\'s victimisation.

Demotion or worse treatment

You complain about discrimination. Your employer moves you to a worse role, cuts your hours, or excludes you from meetings. This is less favourable treatment.

You give evidence in a colleague\'s harassment claim. Your employer then initiates a disciplinary process against you for minor issues they\'ve previously ignored. The timing and lack of prior enforcement suggest victimisation.

Harassment or hostile environment

You complain about discrimination. Colleagues then make comments like "It\'s because you complained" or avoid you socially. This creates a hostile environment in retaliation for your protected act.

Exclusion or isolation

You raise a concern about discrimination. Your employer stops inviting you to team meetings, removes you from projects, or isolates you. This is less favourable treatment.

Proving the connection: causation

To win a victimisation claim, you must show the less favourable treatment was because of the protected act. You don\'t need to prove the employer consciously decided to retaliate — the tribunal looks at whether the protected act was a material cause of the treatment.

Key factors that help prove causation:

The worse treatment happened shortly after the protected act. Quick dismissal or demotion after a complaint is suspicious and suggests causation.

Your relationship with the employer changed noticeably after you complained. You were treated differently or worse than before.

Knowledge of the protected act

The person making the decision to dismiss or demote you knew about your complaint. If they didn\'t know, there\'s no causal link.

Contrast with comparators

Other employees who didn\'t complain weren\'t treated this way. You\'re the only person dismissed or demoted, and the only difference is the complaint.

Document everything. Keep records of the protected act (your complaint, email, letter), and all subsequent adverse treatment. Timing is powerful evidence.

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Employment Rights Act 1996

GOV.UK Employment Tribunals