Victimisation

Victimisation is a form of discrimination that occurs when an employee is treated less favourably because:

• they have made, or intend to make, a complaint about discrimination or harassment
• they have acted, or intend to act, as a witness or to give evidence in support of someone else relating to a complaint about discrimination or harassment.

It could include refusal of time off requests, not being considered for training or promotion, being ignored by their manager or colleagues, criticised continually for their work or having their shift arrangements or work allocation changed frequently or at short notice.

Any discrimination or victimisation of one of your employees that is carried out by another employee in the course of their employment is treated as also being carried out by you. This may leave you exposed to a claim for damages or even constructive dismissal if your employee feels they have no option but to leave their job.

However, if you can show you took all reasonably practicable steps to prevent the discrimination or victimisation from occurring, the employee responsible will alone be liable.

We can advise you how to demonstrate that you have taken all the steps that would be regarded as reasonably practicable to eliminate victimisation, including drafting employment policies and procedures that make it clear that it will not be tolerated and set out how it will be dealt with if it occurs. We can also advise on any incidents of victimisation arising in the workplace.

For more information on how we can help you, please contact us on
01702 339222 or at employer@btmk.co.uk