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Victimisation at work

Being treated unfairly at work can have a profound impact on both your professional and personal life. Victimisation at work occurs when an employee is subjected to detriment because they have made or supported a complaint about discrimination or harassment, or because they are believed to have done so. At Stephensons, we believe everyone is entitled to a fair and respectful workplace, free from unlawful treatment or retaliation.

Victimisation is recognised under the Equality Act 2010 as a form of unlawful discrimination. This means that if you are treated less favourably for asserting your legal rights related to discrimination, you may have grounds for a victimisation claim. Whether you’re experiencing hostility, being denied opportunities, or facing unreasonable disciplinary action, it is crucial to seek legal advice as early as possible. Stephensons is here to help you understand your rights and take the appropriate steps to protect your interests.

 

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Victimisation at work solicitors

Our specialist employment law team at Stephensons has extensive experience in helping individuals who have been victimised in the workplace. We understand how distressing and isolating it can feel, especially when the retaliatory behaviour is coming from colleagues, managers, or even senior leadership. Our solicitors will provide you with clear, practical advice and robust representation, whether you are making an internal complaint, going through grievance procedures, or taking your claim to an employment tribunal.

Victimisation may arise in a number of scenarios such as after you’ve made a discrimination complaint, given evidence in someone else's case, or raised concerns about unlawful practices. It can take many forms, including exclusion from meetings, poor performance ratings without basis, unwarranted disciplinary action, or being denied promotions and training opportunities. If you feel your employer or colleagues have treated you unfairly for exercising your rights, our team can help you assess your situation and guide you through the best course of action.

Why choose us

Stephensons is a national, award-winning law firm with a strong reputation for providing expert legal services to individuals across the UK. We are recognised for our client-centred approach and our commitment to achieving justice in complex employment cases, including victimisation claims. Our employment team is ranked in The Legal 500 and Chambers UK, which highlights our expertise in employment law and our success in representing clients at employment tribunals.

Our firm holds the Lexcel accreditation from the Law Society, a mark of excellence in legal practice management and client care. Stephensons also holds Law Society accreditations in various areas of law, demonstrating a wide breadth of legal knowledge. Our employment solicitors work closely with other departments across the firm when necessary, including regulatory, criminal, and civil litigation teams – enabling us to advise holistically where victimisation may relate to whistleblowing, regulatory concerns or even criminal allegations in the workplace.

How we can help

If you believe you are being victimised at work, we can assist you in a number of ways. Our solicitors will begin by carrying out a detailed assessment of your situation, reviewing any evidence such as correspondence, HR meeting records, or witness statements. We can advise you on raising a formal grievance and represent you through internal complaints processes, ensuring that your rights are protected at every stage.

If informal resolution isn’t possible, we can represent you in a claim to the Employment Tribunal, helping you build a strong legal case supported by relevant evidence. Our team is experienced in negotiating settlements where appropriate and pursuing claims all the way to judgment if necessary. We can also liaise with ACAS and advise on settlement agreements, making sure any resolution reflects your best interests.

We provide clear cost information from the outset, and depending on your case, we may be able to offer fixed fees or discuss funding options such as legal expenses insurance. In some cases, no win no fee (damages-based agreements) may be available, subject to eligibility and risk assessment.

Common examples of workplace victimisation

Victimisation can manifest in many different ways. Examples include:

  • Being ignored or excluded by colleagues after raising a discrimination concern
  • Receiving unwarranted negative performance reviews following a complaint
  • Being denied promotion or training opportunities without justification
  • Facing disciplinary action that appears retaliatory
  • Receiving threats or pressure to withdraw a complaint

Each case is unique and outcomes depend on the specific circumstances involved. Documenting incidents thoroughly and seeking legal advice early can significantly strengthen your position.

Legal protection under the Equality Act 2010

The Equality Act 2010 offers legal protection against victimisation. To bring a successful claim, you must show that you performed a ‘protected act’, such as lodging a grievance about discrimination, bringing a claim under the Equality Act, or giving evidence in another person’s case. You must also demonstrate that you were subjected to a detriment because of that act.

It is not necessary for the earlier discrimination claim to be successful – the key point is that you made or supported a complaint in good faith. Even if you are only suspected of having done so, and suffer detriment as a result, this may still amount to victimisation. Our solicitors can determine whether your situation meets these criteria and advise on your likelihood of success.

Time limits for bringing a claim

A claim for victimisation at work must usually be brought to the Employment Tribunal within three months less one day from the date of the act complained of. It is vital to seek legal advice quickly to ensure you do not miss this strict time limit. Before submitting a claim, you must also notify ACAS and commence early conciliation – a step our solicitors can assist you with.

Failing to act within the time frame could result in your claim being dismissed. If you’re unsure whether you’re still within the deadline, or there have been ongoing incidents over a period of time, we can help you understand your position and take swift action if needed.

FAQs about victimisation at work

How is victimisation different from discrimination?

Discrimination involves being treated unfairly because of a personal characteristic such as race, gender, or disability. Victimisation, on the other hand, occurs when you are treated unfairly because you complained about discrimination or helped someone else do so.

Can I be victimised for whistleblowing?

Victimisation and detriment arising from whistleblowing may overlap, but whistleblowing is protected under different legislation – the Public Interest Disclosure Act 1998. We can advise you which route is best for your circumstances.

What evidence do I need?

It is important to keep a record of emails, witness accounts, HR documents, and notes of meetings. The stronger your documentation, the more robust your case will be. We can help you gather and present relevant evidence effectively.

Can I be dismissed for making a complaint?

If you are dismissed for making or supporting a complaint about discrimination, this could be an automatic unfair dismissal. Our solicitors can assess whether you have grounds for further legal action.

Speak to our solicitors today

If you believe you are experiencing victimisation at work, don’t suffer in silence. The earlier you seek advice, the more options you may have to resolve the situation and protect your rights. Stephensons is here to help with confidential, professional legal support tailored to your needs.

Contact us today by completing our online enquiry form.

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