Victimisation  

What is Victimisation?

Victimisation is when someone, such as an employer, colleague or friend, subjects you to unfair treatment or subjects you to a detriment because you have raised that issue that they are discriminating against you. This essentially means that your decision to raise your grievance with this person has resulted in them treating you worse than they were treating you before.  

For example, you have noticed that your employer mocks you and discriminates against you because of your religious beliefs. You have raised this issue with HR and the employer himself. The issue has been resolved, yet as a result, you do not get the promotion that you were in line to receive.  

Victimisation KEY FACTORS

The difficulty with victimisation is its passive nature. Whereas harassment can be very aggressive (physical, verbal, sexual), victimisation can be very subtle. If an employer refused to give you a promotion because you have raised a grievance, it would be very easy for them to counter this and say it was simply because the other candidate was better qualified. 

However, like harassment, if you feel like you are being victimised then this is Important to follow up. By seeking the help of a lawyer, your case can be properly reviewed and supported to ensure the best outcome. Our lawyers are on hand to help you with any queries and any advice you may need. 

examples of victimisation

1. If you find that you are being penalised for making a complaint about discrimination, harassment or bullying, then this could be an example of victimisation.

2. If the environment in which you work has become oppressive, unfriendly or unwelcoming for you.

3. If you witness people mocking you, bullying you or excluding you from group activities such as staff functions.

4. If you find yourself being victimised against because of whistleblowing.

5. False allegations, rumours, threats or denying promotions.

“A grocery shop worker resigns after making a sexual harassment complaint against the owner. Several weeks later, she tries to make a purchase at the  shop but is refused service by the owner because of her complaint.”

How can a lawyer help you with your victimisation case?

People often find themselves being victimised against because they have already made a complaint to do with a protected characteristic.

 It could be that you have brought up the fact that you are being harassment to your employer, and their response was to victimise you instead of help you, for example they may have given you too much work to do or not given you your usual shifts.

You can raise a formal grievance with your employer and see what their harassment and victimisation policies are. But if this doesn’t work, its important that you take legal action so that the issue stops.

Your lawyer can help you to gather all of your evidence in preparation to go to an employment tribunal. They may advise you that resignation is the best option for your case, but this might not be so if your end goal is to stay working for your company.

You can discuss what you want the outcome to be with your lawyer, whether you want to take full legal action or if you would rather have compensation for the trouble it has caused you.