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.
It is equally unlawful to victimise an employee who has left you remployment. For example, by refusing to give a reference because your employee exercised a legal right in relation to discrimination, or made a protected disclosure.
Employees may raise a grievance about any incidence of victimisation prior to bringing a claim in the employment tribunal, and it is advisable to deal with this internally in order to avoid tribunal proceedings at a later date.
If you would like more detailed information about victimisation, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us especially qualified to assist you with any victimisation issues you may have. Please contact us for an initial free telephone consultation.
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