Find a Solicitor to help with

Workplace Victimisation

Workplace Victimisation 

Workplace victimisation is a serious issue that can have a big impact on your well-being and career. 

At Lawhive, our network of employment lawyers offers a wide range of services to those who have experienced workplace victimisation including legal advice, representation, reviewing and drafting legal documents, negotiating settlements, and advocating for your rights, interests, and well-being. 

If you have experienced workplace victimisation and need legal assistance, schedule a confidential case evaluation with our Legal Assessment Specialists to explore your options for seeking justice. 

• What is workplace victimisation?

• What is a protected act?

• 3 examples of workplace victimisation

• What rights do employees have to protect them from workplace victimisation?

• What is the difference between victimisation and discrimination?

• How to bring a claim for workplace victimisation

• How do you prove victimisation at work?

• What are the time limits for making an Employment Tribunal claim for victimisation?

• Should I quit my job if I’m being victimised?

• How much could I get for a workplace victimisation claim?

What is workplace victimisation?

Workplace victimisation refers to any form of unfair treatment an employee receives because of something they did or intended to do that is protected by the law (known as protected acts). This kind of unfair treatment is called a ‘detriment’ and includes: 

• Bullying or harassment 

• Being isolated or left out at work 

• Being denied opportunities for progression (like promotions or training)

• Being subjected to unjust disciplinary action

• Being dismissed

What is a protected act?

Protected acts are actions an employee can do by law. They include: 

• Whistleblowing

• Raising a grievance about workplace issues 

• Participating in legal proceedings against their employer 

• Asserting their statutory employment rights (like requesting flexible working or taking parental leave) 

• Participating in trade unions, collective bargaining, or strike action

• Refusing to carry out work they reasonably believe to be unsafe 

3 examples of workplace victimisation 

Here are some real-life examples of workplace victimisation in action:

• An employee repeatedly receives verbal abuse, belittling comments, and unfair criticism from their manager after raising a formal grievance against them.

• An employee is demoted after reporting financial irregularities and fraud to a senior manager and regulatory authorities. 

• An employee is excluded from important meetings and gets negative comments about their commitment to work after taking parental leave to care for their newborn. 

If you have experienced victimisation in the workplace, seek legal advice from a specialist employment lawyer to understand your rights and what action you could take to make things right.

What rights do employees have to protect them from workplace victimisation?

Individuals who act in good faith should be protected from retaliation, adverse treatment, or victimisation for exercising their legal rights or participating in protected acts.

Employers must respect and uphold these rights. If they don’t victims may be able to bring an Employment Tribunal claim against them. 

Acting in good faith in protected actions means engaging in activities or behaviors that are legally safeguarded and undertaken honestly, without malicious intent, deception, or ulterior motives. If an employee acts in bad faith (i.e. to get revenge) they may not be protected from workplace victimisation under the Equality Act 2010.

What is the difference between victimisation and discrimination? 

Victimisation and discrimination are both forms of unfair treatment in the workplace, but they differ in their legal definitions. 

Discrimination is when someone is unfairly or unfavourably treated because of protected characteristics. There are different types of discrimination under the law including: 

• Direct discrimination 

• Indirect discrimination 

• Harassment. 

Victimisation is when an individual is subjected to adverse treatment or retaliation as a result of exercising their legal rights or participating in certain acts, like making a complaint or whistleblowing. 

Unlike discrimination, victimisation doesn’t necessarily involve discrimination based on a protected characteristic. Rather it can happen regardless of the individual’s characteristics in response to a certain action or assertion of legal rights. 

How to bring a claim for workplace victimisation 

If you want to bring a claim for victimisation to the Employment Tribunal, you must first try and sort the problem out directly with your employer. This may start with an informal conversation between you and your manager if appropriate, or take the form of a formal grievance. 

If the outcome of the grievance isn’t satisfactory, you should appeal before going through early conciliation with the help of ACAS. 

You can’t issue a claim in the Employment Tribunal unless you go through this process and get an ACAS Early Conciliation certificate.

Even then you may engage in discussions with your employer to negotiate a favourable exit before bringing a claim to the Employment Tribunal as a last resort. 

Whatever route you take, employees should seek independent legal advice regarding workplace victimisation to better understand their rights and options before taking further action. A solicitor can help you in negotiating a settlement or bringing your claim, if it comes to that.

How do you prove victimisation at work?

To prove victimisation at work, you need to be able to show that adverse treatment or retaliation directed towards you has happened because you have engaged in a protected action or exercised your legal rights. 

Proof of this can include: 

• Memos or meeting minutes

• Performance reviews and disciplinary notices 

• Emails, letters, text messages, or instant messages 

• Witness statements from colleagues or other individuals

• Medical evidence documenting the effects of victimisation on your mental or physical health

If you are unsure whether you have a case for workplace victimisation a specialist employment lawyer can assess your situation, provide guidance on your rights, and help you in gathering the appropriate evidence and preparing your case.

Contact our Legal Assessment Specialists for more information. 

What are the time limits for making an Employment Tribunal claim for victimisation?

You must make an Employment Tribunal claim for victimisation within three months of the last date of victimisation. 

Do you need to have worked for your employer for a certain period of time before making a claim for victimisation? 

Unlike unfair dismissal claims, you don’t need to have worked for your employer for any set length of time to make a claim for victimisation. You can do so from day one of your employment. 

Should I quit my job if I’m being victimised? 

Unlike constructive dismissal claims, you don’t have to resign from your job to pursue a claim for victimisation in the Employment Tribunal. That being said, you might consider leaving if it’s in your best interests. Your well-being is of the utmost importance. 

You may also consider resigning if your employer proposes it as part of a settlement agreement.

However, there is absolutely no obligation to quit your job and you should not be made to feel like you have to if you are uncomfortable with it. 

If in doubt, it’s important to proceed with caution and seek advice before leaving to make sure your interests are protected and put you in the best position moving forwards. 

How much could I get for a workplace victimisation claim?

Compensation awarded can vary in amounts depending on the specifics of a case, but in general, the compensation you are awarded will cover: 

• Loss of earnings

• Emotional distress and injury to feelings 

• Personal injury

In some cases, aggravated damages are awarded when the employer's conduct is very bad. They're meant to show disapproval of the employer's actions and provide extra compensation for the victim's distress.

How can Lawhive help?

At Lawhive, our network of employment law solicitors stands ready to support you if you have experienced victimisation in the workplace, providing: 

• Personalised legal advice tailored to your situation 

• Representation throughout proceedings, from preparing your claim to representing you at the Employment Tribunal

• Support in negotiating with your employer to reach a fair settlement agreement

If you’ve experienced victimisation in the workplace, contact our Legal Assessment Specialists for expert support and guidance on the next steps and to connect with a specialist lawyer who can support your case.