In what circumstances might an employee make a claim of victimisation under the Equality Act 2010?

Broadly speaking, an employee can make a claim of victimisation if he or she is subjected to a detriment because he or she has made, or supported, a complaint of discrimination.

Under s.27 of the Equality Act 2010, victimisation occurs when a person (A) subjects another person (B) to a detriment because B has done a protected act or A believes that B has done, or may do, a protected act. There is no need for B to compare his or her treatment with someone who has not done a protected act.

The following are protected acts:

  • bringing proceedings under the Equality Act 2010;
  • giving evidence or information in connection with proceedings under the Act;
  • doing any other thing for the purposes of or in connection with the Act;
  • making an allegation (whether or not express) that A or another person has contravened the Act;
  • seeking a "relevant pay disclosure";
  • making or seeking to make a relevant pay disclosure; and
  • receiving information disclosed in a relevant pay disclosure.