The term victimisation is often used when employees are in dispute with their employer, however as with other words it is frequently misused and misunderstood. In many instances the word is used interchangeably with ‘bullying’, ‘harassment’ and sometimes ‘discrimination’, so what actually is victimisation?
Victimisation is in fact a specific form of discrimination as set out in the Equality Act 2010. ACAS provide an excellent summary which helps us to understand victimisation,
“The law says victimisation means ‘suffering a detriment’ because you’ve done or intend to do a ‘protected act’.
A ‘protected act’ means taking action related to discrimination law. This includes:
- making a complaint of discrimination or harassment
- supporting someone else’s complaint
- gathering information that might lead to a complaint
- acting as a witness in a complaint
- saying something or giving evidence that does not support someone else’s complaint
The law also protects a person from victimisation when someone else thinks the person has done or intends to do any of the things above”.
In order to put that definition into some sort of context here’s an example.
Sarah raised a grievance regarding what she felt was discrimination against her because of her disability. A promotion opportunity then becomes available but it is felt by the company that Sarah is a trouble maker because of the complaint she raised about discrimination and therefore she is denied the chance to apply for the promotion.
What can employers do to prevent victimisation?
Employers should have robust policies and procedures in place in order to promote dignity, equality and diversity and these policies should make clear the consequences for any members of staff who fail to uphold them. Employees should always know where to find these policies and it is useful for employers to regularly promote and communicate their policies.
Training is also crucial in preventing victimisation. Employees need to understand that their words and actions can have serious consequences and so training that helps to create a positive, respectful and inclusive culture is vital. Training for managers in dealing with potential victimisation concerns is also important so that any issues which may arise are dealt with correctly and the employee raising the concerns feels supported and able to speak openly.
When an employee feels that victimisation has taken place there should be mechanisms in place which allow them to report the issues confidentially. If staff feel confident and safe to report issues that is actually a good sign. It means that they trust the company to deal with their complaint in an appropriate manner and that the company’s words around zero tolerance and being supportive do in fact translate to effective steps and action being taken.
What should an employee do if they feel they are being victimised?
Before raising concerns about victimisation an employee needs to understand the definition as set out earlier. Are the behaviours they are facing really victimisation or are they something else? Employees should read their employer’s policies and if they are unclear about anything then the employee should seek guidance from HR or an external source such as Citizen’s Advice or ACAS so that they understand their rights.
It might be that the employee wants to try and resolve the matter informally in the first instance and in that case they can seek help from their manager, HR or another colleague so that an appropriate course of action is agreed upon to address the issue.
When instances of victimisation do take place, the employee should try whenever possible to make notes and keep a record of what was said, when, where, by whom and if there were any witnesses present. Being able to provide evidence makes an employee’s case stronger. Ultimately, if the victimisation persists and attempts to deal with the problem don’t bring about a resolution an employee can seek legal advice and could even bring a tribunal claim against their employer or an individual.
The impact and consequences of victimisation can be far reaching for all concerned and therefore it is essential for employers to do all they can to foster a working environment in which everyone is valued and respected and feels empowered to speak out if they have concerns.
Do you have any questions about todays blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
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Why not also check out our blog on a similar topic How To Tackle Bullying At Work
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