This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Workplace victimisation after raising a complaint explained under UK law, including definitions, protected acts, legal tests, employer duties, and Employment Tribunal claims under the Equality Act 2010 in England and Wales.
Workplace victimisation is a specific form of unlawful treatment under UK employment law that occurs when an employee or worker is treated unfairly because they have raised a complaint or supported someone else's complaint about discrimination or other protected rights. It is primarily governed by the Equality Act 2010.
Victimisation is distinct from general workplace bullying or unfair treatment. It arises specifically where the adverse treatment is linked to a “protected act”, such as making or supporting a discrimination complaint. It can lead to Employment Tribunal claims and financial compensation where proven.
Legal Definition of Victimisation
Under section 27 of the Equality Act 2010, victimisation occurs where a person is subjected to a detriment because they have done, or are believed to have done, a protected act.
A protected act includes:
- Making a discrimination complaint
- Bringing Employment Tribunal proceedings
- Giving evidence or information in relation to a discrimination complaint
- Alleging that someone has breached equality law
- Supporting another person's complaint
The legal test focuses on two key elements:
- The individual carried out (or was believed to have carried out) a protected act
- They suffered a detriment because of that act
A “detriment” is any treatment that places the individual at a disadvantage or worsens their working situation.
What Counts as a Protected Complaint
Victimisation law applies only where the original complaint or action relates to discrimination law. This includes complaints about:
- Sex discrimination
- Race discrimination
- Disability discrimination
- Age discrimination
- Religion or belief discrimination
- Sexual orientation discrimination
- Gender reassignment discrimination
- Pregnancy and maternity discrimination
Complaints must fall within equality law to be protected. General workplace grievances, such as pay disputes or management disagreements, are not automatically protected unless they involve discrimination allegations.
What Counts as Workplace Victimisation
Victimisation after raising a complaint typically involves unfavourable treatment that is connected to the complaint. Examples include:
- Being labelled a troublemaker after making a discrimination complaint
- Being excluded from meetings or workplace activities
- Being denied promotion or training opportunities
- Receiving unjustified disciplinary action
- Being subjected to hostility, intimidation, or isolation
- Sudden negative changes in working conditions
The key issue is causation: the treatment must be because the person made or supported a protected complaint.
Who Is Protected Against Victimisation
Protection under the Equality Act 2010 applies broadly. It includes:
- Employees (full-time and part-time)
- Workers, including some agency staff and contractors
- Job applicants in certain circumstances
- Former employees where treatment continues after employment ends
Protection does not depend on length of service or seniority. It applies as soon as the protected act is carried out.
Good Faith Requirement
Protection only applies where the protected act is made in good faith. This means:
- The complaint must be genuinely believed
- It must not be malicious or knowingly false
If an allegation is deliberately false or made in bad faith, it will not attract protection under victimisation law.
Importantly, a complaint does not need to be proven correct to be protected.
Legal Distinction: Victimisation vs Harassment
Victimisation is often confused with harassment, but they are legally separate:
- Victimisation: adverse treatment because a person made or supported a discrimination complaint
- Harassment: unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating environment
Both can occur in the same workplace situation, but they are assessed under different legal tests.
Employer Liability
Employers can be legally responsible for victimisation carried out by employees in the course of employment. Liability may arise even if:
- Senior management were not directly involved
- The conduct was carried out by colleagues
Employers may defend claims by showing they took reasonable steps to prevent discrimination and victimisation.
Employment Tribunal Claims
Where victimisation occurs, an individual may bring a claim to an Employment Tribunal.
Key points:
- No minimum length of service is required
- Claims must usually be brought within 3 months less one day of the last act of victimisation
- Early Conciliation through ACAS is required before submitting a claim
Possible remedies include:
- Compensation for financial loss (for example, lost earnings)
- Injury to feelings awards
- Recommendations for workplace changes in some cases
Common Workplace Scenarios
Victimisation often arises after:
- Submitting a grievance alleging discrimination
- Supporting a colleague's tribunal claim
- Refusing to withdraw a complaint
- Acting as a witness in disciplinary or tribunal proceedings
- Reporting discriminatory behaviour to HR or management
The timing between the complaint and the adverse treatment is often an important factor in assessing causation.
Employer Duties and Best Practice
Employers are expected to:
- Take complaints seriously and investigate properly
- Prevent retaliation against complainants
- Ensure managers and staff understand equality obligations
- Follow fair disciplinary and grievance procedures
- Comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures
Failure to follow proper procedures can increase legal risk and compensation awards.
Common Misunderstandings
“Any bad treatment after a complaint is victimisation”
Not always. There must be a clear link between the complaint and the treatment.
“The original complaint must succeed”
Not required. Protection applies even if the complaint is not upheld.
“Only employees are protected”
Incorrect. Workers and some other categories are also covered.
Practical Impact
Victimisation claims often arise alongside discrimination or unfair dismissal claims. The legal focus is not just on what happened, but why it happened. Evidence such as emails, timing of events, and witness accounts is often central in Employment Tribunal cases.
Key Takeaways
Workplace victimisation occurs when a worker is treated unfairly because they raised or supported a discrimination-related complaint. It is prohibited under the Equality Act 2010 and can apply to employees, workers, and in some cases job applicants. To establish victimisation, there must be a protected act and a resulting detriment linked to that act. Legal protection is strong, and claims may be brought before an Employment Tribunal within strict time limits.
