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 they are subjected to a detriment because they have 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 their 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.