Victimisation at Work

Victimisation in the Workplace

Victimisation in the workplace can happen in many ways. However, no employee should have to tolerate unfair treatment from their employer. It occurs when an employer treats someone unfairly because they have stood up for their legal rights. This can include making a complaint, raising a grievance or supporting a colleague who has done so. UK law protects employees from being punished for asserting their rights at work.

Employers cannot treat an employee unfairly or target them just because they believe the person may bring a legal claim. This includes cases related to:

• Disability
• Pregnancy
• Maternity
• Race
• Religion
• Sex, or sexual orientation.

If an employer takes negative action to discourage a claim, this is unlawful victimisation. Employees facing this type of treatment have the right to challenge it and seek legal support.

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Victimisation at Work Reading

If an employee experiences workplace victimisation, they must 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 their rights, employees should seek legal advice or consult a workplace victimisation lawyer as soon as possible. They may also consider starting the ACAS early conciliation process, which can extend the deadline and allow more time to make a claim.

Constructive Unfair Dismissal

The term victimisation isn’t always linked to discrimination or protected characteristics. Sometimes, it refers to situations where an employee is treated unfairly compared to others, causing them harm. In these cases, if the treatment is bad enough to force an employee to leave their job, they may have a claim for constructive unfair dismissal. However, this is only if they have worked for the employer for more than two years.

Workplace victimisation can happen if an employee faces unfair treatment due to serval 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 protected by law from victimisation throughout their employment, from the recruitment stage to the end of their job, including after dismissal.

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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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