Victimisation can occur in circumstances in which a worker exercises legal rights in relation to any discrimination they have suffered, or in circumstances in which a worker has made a protected disclosure ("whistleblowing").

A worker is entitled to complain about discrimination.  If he/she does so, it is unlawful to subject that worker to any detriment or disadvantage.  This concept is widely construed and can include dismissal or invokement of disciplinary prodecures as well as more subtle forms of detriment such as perhaps being overlooked for promotion.

A worker is also entitled to make qualifiying protected disclosures in good faith and in the public interest, without fear of being victimised for doing so.  This relates to all detriment excluding dismissal and It can also include protection from detriment by work colleagues: in such situations, the employer may be held vicariously liable.

You may be victimised even after your employment has terminated, for example, if your employer refuses to give you a reference because you exercised a legal right in relation to discrimination, or made a protected disclosure.

If you believe that you are being victimised, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any victimisation issues you may have. Please contact us for an initial free telephone consultation.

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