Victimisation at work is a serious issue that goes beyond poor behaviour or interpersonal conflict. Under the Equality Act 2010, it refers to treating someone unfairly because they made or supported a complaint about discrimination or other unlawful conduct. This includes anyone who gave evidence, raised a concern, or otherwise took part in a “protected act.”
For HR leaders and managers, understanding what constitutes victimisation is essential to protect both individuals and the organisation. Failing to prevent or address retaliation can expose a business to legal action, damage its reputation, and erode employee morale. It can also undermine the fairness and trust that effective workplaces rely on.
Our team at Kingfisher supports organisations in creating fair, compliant, and safe environments. In this guide, we explain what victimisation means in practice, how to identify it, and how to build a zero‑retaliation culture across your organisation.
Understanding Victimisation Under the Equality Act 2010
What Is Victimisation?
The Equality Act 2010 defines victimisation as treating someone less favourably because they have carried out or are believed to have carried out a “protected act.” A protected act includes making a complaint of discrimination, giving evidence or information in connection with a discrimination case, or supporting someone else who has done so.
Victimisation can take many forms. It might involve being ignored, denied opportunities, excluded from meetings, or subjected to unfair scrutiny or disciplinary action. The key factor is that the treatment causes disadvantage, harm, or detriment; it does not need to be extreme or intentional to count as victimisation.
Meaning of a Protected Act
A “protected act” includes:
- Making a complaint or allegation of discrimination under the Equality Act.
- Giving evidence or information in relation to such a complaint.
- Doing anything else related to asserting rights under the Act.
- Supporting another person who has made a complaint.
This protection extends to anyone who is believed to have done one of these things, even if the belief is mistaken.
What Counts as a Detriment
A detriment means any treatment that leaves an employee worse off, whether professionally or personally. This could include losing promotion opportunities, being reassigned to less favourable duties, or being isolated by colleagues. Even subtle or informal actions, such as exclusion from team communications, may qualify.
Who Is Protected?
Protection from victimisation applies to employees, workers, former employees, and even job applicants. The law also covers agency workers, contractors, and others who work under a contract to perform work or services. The protection applies regardless of seniority or length of service.
However, protection does not apply where a complaint or allegation is made in bad faith. For example, if it is deliberately false or malicious. Genuine complaints made in good faith remain protected, even if they are not upheld.
Victimisation vs Bullying, Harassment and Whistleblowing
Victimisation is often confused with bullying, harassment, or whistleblowing, but there are important distinctions.
Bullying refers to offensive, intimidating, or malicious behaviour intended to undermine or humiliate someone. It may not always be linked to a protected characteristic or a legal right.
Harassment is unwanted conduct related to a protected characteristic (such as race, sex, or disability) that violates a person’s dignity or creates a hostile environment.
Whistleblowing involves raising concerns about wrongdoing that affects others, such as health and safety breaches or financial misconduct. This is covered by the Public Interest Disclosure Act 1998 and protects those who make “protected disclosures.”
By contrast, victimisation arises when someone suffers unfavourable treatment because they exercised their rights under equality law. These situations can overlap; for example, a whistleblower may also experience victimisation if punished for raising discrimination concerns.
Common Scenarios of Victimisation
Real‑World Examples
Victimisation can appear in subtle ways that may not be obvious at first. For example:
- An employee supports a colleague’s race discrimination claim and is subsequently excluded from key meetings.
- A manager raises a concern about reasonable adjustments for a disabled employee and then finds themselves sidelined from future projects.
- A team member gives evidence in a grievance investigation and is later subjected to negative performance reviews without clear justification.
These examples share a common factor: the individual experiences disadvantage because of a protected act.
What Doesn’t Count
Not every difficult workplace interaction counts as victimisation. For instance, a fair performance review, supported by evidence, is not victimisation simply because the employee previously raised a complaint. Similarly, legitimate management decisions based on business needs are permissible provided they are not motivated by retaliation.
Policy and Prevention: Building a Zero‑Retaliation Culture
What a Victimisation Policy Should Contain
A clear, written zero‑retaliation policy is the foundation for preventing victimisation at work. It should include:
- A statement of zero tolerance for retaliation or less favourable treatment.
- A definition of protected acts and examples of prohibited conduct.
- The responsibilities of managers, HR, and employees in preventing victimisation.
- Commitment to investigating concerns promptly and fairly.
Embedding these principles into an organisation’s equality and diversity policy sends a strong message that complaints will be handled with fairness and confidentiality.
Safe Reporting and Early Resolution
Employees must have access to a safe reporting route that allows them to raise concerns confidentially. This could be via HR, a senior manager, or an anonymous reporting line. Protection applies whether or not the person uses the formal grievance process; the act of raising a concern in good faith is enough.
Encouraging early, informal resolution can help prevent situations from escalating. This might include mediation, manager check‑ins, or confidential discussions with HR to clarify misunderstandings before they become formal complaints.
Investigating Victimisation Complaints Fairly
Grievance vs Victimisation Complaints
Victimisation complaints should be treated seriously, even if raised informally. A person who believes they have suffered retaliation must be given the same consideration as anyone making a formal grievance. Failure to do so can expose the organisation to liability.
Key Steps in the Process
Fair investigation is critical. HR and line managers should:
- Gather all relevant facts before drawing conclusions.
- Approach the situation with neutrality, avoiding assumptions or bias.
- Interview witnesses objectively, ensuring all parties feel heard.
- Keep clear records of evidence, communications, and decisions.
- Protect confidentiality throughout the process.
A structured investigation template can help maintain consistency and transparency, reducing risk of procedural errors.
Post‑Complaint Monitoring & Communication
Checking for Reprisals
Even after a complaint has been resolved, the duty to prevent victimisation continues. HR should check in periodically with the complainant and witnesses to ensure no reprisals occur. Retaliation can be subtle: exclusion from projects, negative tone in meetings, or micro‑management are common warning signs.
Managing Team Dynamics
Once a complaint is closed, attention should shift to rebuilding trust and maintaining a respectful environment. Managers should avoid public discussions about the case and communicate only what is necessary for operational reasons. Clear messaging from leadership helps reinforce that retaliation of any kind will not be tolerated.
Training Managers to Prevent Victimisation
Scenario‑Based Learning
Managers play a key role in preventing victimisation but often need practical guidance to recognise and respond appropriately. Scenario‑based training helps them navigate complex situations, such as balancing disciplinary action with legal protections, and builds confidence in handling sensitive conversations.
Core Training Topics
Effective manager training on victimisation should include:
- Understanding what constitutes a protected act under the Equality Act 2010.
- Recognising less favourable treatment and prohibited conduct.
- The legal and organisational consequences of retaliation.
- How to handle complaints fairly and maintain confidentiality.
- How to document actions and decisions to demonstrate fairness.
Embedding these principles in management development programmes fosters accountability and consistency across teams.
How Kingfisher Can Help
We support organisations in building strong, compliant frameworks to prevent victimisation and promote equality. Our services include:
- Drafting and reviewing zero‑retaliation policies and equality documentation.
- Delivering tailored manager and HR training on complaint handling, investigation skills, and compliance.
- Supporting with investigations, risk reviews, and post‑complaint monitoring to safeguard fairness and reduce risk.
Our consultants combine practical HR expertise with in‑depth knowledge of employment law, ensuring your organisation meets its legal duties while maintaining trust and engagement.
Conclusion
Understanding and preventing victimisation at work is not just a legal obligation; it’s essential for a healthy, transparent workplace culture. By protecting employees who raise concerns, organisations demonstrate fairness and integrity while reducing the risk of costly disputes.
If you are unsure whether your policies or training adequately address this issue, we can help you review, strengthen, and embed effective safeguards. Together, we can create a workplace where people feel confident to speak up and supported when they do.