Victimisation at work is a serious issue which can take many forms. From employees feeling excluded from social events to the 2025 story of an employee being awarded compensation after being dismissed for wearing trainers to the office, victimisation at work is something all managers and HR departments need to be aware of.

Employee victimisations can cause distress throughout your team and any tribunals can be lengthy and costly therefore, this post will explain everything you need to know to minimise the risk of victimisation at work.

What is Victimisation at Work?

 

ACAS defines victimisation at work as when someone is treated less favourably as a result of being involved with a discrimination or harassment complaint related to a protected characteristic such as gender, race, age, sexuality, etc. More specifically, it relates to any time an employee receives unfair treatment due to their involvement in a protected acts related to these characteristics, outlined in the Equality Act 2010 including:

  • Making a formal complaint related to discrimination or harassment
  • Showing support for a colleagues formal complaint
  • Providing evidence as a witness for a formal complaint
  • Gathering evidence or speaking about an ongoing complaint

It should be noted that these protections only apply to employees acting in good faith. If an employee provides false evidence or intentionally misleads an ongoing investigation, they will not be protected from victimisation. Additionally, if an employee makes a false accusation towards a colleague, they will not be protected.

Victimisation is considered a type of discrimination under the Equality Act 2010 therefore, employers need to understand what victimisation at work looks like and how to keep their protect their employees.

Examples of Victimisation at Work

Victimisation at work can take many forms and affects each individual differently. These examples are not exhaustive but will give you an idea regarding the types of victimisation. The following example of victimisation shows that victimisation at work includes exclusion from social events. If you want to find out more about what constitutes harassment as work; check out out blog post on the topic here.

An employee has put in a complaint against one of their managers regarding multiple instances of harassment. When the manager finds out, they exclude the employee from the work Christmas party. They state the employee’s poor performance for the lack of an invite.

Victimisation at work occurs when an employee has made a complaint relating to a protected characteristic and any instance of an employee being treated differently due to their actions may be considered harassment.

After providing evidence as part of an ongoing case of age discrimination, an employee applies for a job in a different department of the company. Their application is successful however, upon asking for a reference, their current manager states that they are a disruptive presence at work, due to their involvement in the discrimination case. They do not receive the role for this reason.

What do You Need to Do?

Employers could minimise the impact of instances of victimisation at work by:

  • Create a culture of open communication within your organisation by scheduling regular meetings with staff members to present all individuals with an opportunity to discuss any issues they have.
  • Ensure all managers are adequately trained regarding handling complaints from employees including properly documenting complaints and referring employees to other team members where necessary.
  • Deal with any grievances as a result of victimisation quickly and efficiently in order to avoid any further legal issues, ensuring that the merit of each complaint is considered and adequate precautions are taken.

Get in Touch

Instances of victimisation can often lead to grievances and in certain cases, the dismissal of employees and settlement agreements. These circumstances may require a HR consultant to step in and assist you. This is where Willerby Hill HR can help you!

Got any questions about victimisation at work? Want to find out more about our retained HR services, or just curious about how Willerby Hill can help your business? Click below to get in touch with our team and see what we can do for you!

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