Victimisation at Work

Victimisation in the Workplace

What is victimisation? Victimisation in the workplace happens when you’re treated unfairly because you’ve asserted your legal rights. UK employment law protects you from this kind of behaviour. Some laws call it victimisation, others refer to it as penalisation, but either way, the protection is the same.

You’re protected if you:

• Make a complaint about discrimination
• Support a colleague with their complaint
• Ask for something you’re legally entitled to, like holiday pay or a contract
• Take time off for maternity or parental leave
• Report wrongdoing at work (whistleblowing)

Employers also cannot treat you unfairly simply because they think you might make a legal complaint. This includes issues related to:

• Disability
• Pregnancy or maternity
• Race or religion
• Sex or sexual orientation

If your employer takes negative action to stop you from making a claim, that’s unlawful victimisation. You don’t have to put up with it: you have the right to challenge the treatment and get legal support.

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Victimisation at Work Reading

If you’re experiencing workplace victimisation, act quickly, as strict time limits apply. A claim must be filed with an employment tribunal within three months of the unfair treatment. To protect your rights, you should seek legal advice or consult a workplace victimisation lawyer as soon as possible. You could start the ACAS early conciliation process, which extends the deadline and allows more time to make a claim.

Constructive Unfair Dismissal

Victimisation doesn’t always involve discrimination or a protected characteristic. Sometimes, it simply means an employee is treated more unfairly than others, and that treatment causes them harm.

If the treatment is serious enough to make them feel they have no choice but to resign, they may be able to claim constructive unfair dismissal. However, this usually only applies if they’ve worked for the employer for more than two years.

Workplace victimisation can happen if an employee faces unfair treatment for several reasons. It could be a discrimination claim, the threat of a claim or being treated differently in a way that causes harm. If this happens, it is important to seek legal advice as soon as possible.

Employees are legally protected from victimisation at every stage of employment, from recruitment to dismissal, and even after their job ends.

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The lawyers at DPH Legal have extensive experience in handling workplace discrimination claims. If you need advice, contact us today for expert support.

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