Victimisation is a particular form of unlawful discrimination where a worker suffers a detriment because they have either made a complaint of discrimination themselves, or have supported someone else in making such a complaint. Both employees and ex-employees are protected against victimisation.
Example:
Raj brings a race discrimination claim against his employer. This is settled before the tribunal hearing and Raj agrees to leave his employment under a settlement agreement. When a prospective new employer asks for a reference in respect of Raj’s job application, his ex-employer refuses to provide this and it’s HR manager says in passing that Raj is a “trouble maker”. This is likely to be an act of victimisation entitling Raj to bring a separate claim in the employment tribunal.
Published in… Updates: For employers: Discrimination | For employees: Discrimination |
Other employment law terms
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