BASIC POSITION

"Victimisation" has a special, technical, meaning in employment law. It does not have its ordinary day to day meaning of "treating someone unfairly". In an employment law context it means treating someone less favourably because that someone has exercised, or intends to exercise, rights under specific legislation.

For many years there has been specific statutory provision in discrimination legislation outlawing victimisation of employees in specific circumstances - that is treating an employee less favourably than others because he has exercised, or intends to exercise, rights under that legislation. A change made by Equality Act 2010 with effect from 1st October 2010 is that it will no longer be necessary for the victim to make a comparison with anyone else - simply being subjected to a detriment because of exercising rights under the Act will be enough to provide the victim with rights under Equality Act 2010 s.27 and see notes at Equality Act 2010/comparators )

See also notes generally at Victimisation

Not found what you want?
You have been looking at the BASIC AREA but would find much more information on the full version of this website, available to subscribers only.
To buy a 24 hour, 30 day or annual password click here or ring 0207 993 4440
or
To obtain legal advice from a specialist employment lawyer near you click here.
NB. Emplaw is unable to provide legal advice directly to members of the public.

Last Update: February 2014