Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Victimisation definition

What does Victimisation mean? Victimisation describes subjecting a worker, job applicant, ex‑employee or service user to a detriment because they made or supported a discrimination complaint, gave evidence or information, alleged a breach of equality law, or were suspected of doing so. In England & Wales and Scotland it is a defined prohibition under the Equality Act 2010 (section 27). A comparator is not required. It applies in employment and beyond (for example, services and education). Employers can be vicariously liable for acts of employees, with a “reasonable steps” defence; allegations made in bad faith are not protected. In Northern Ireland, equivalent victimisation protections appear...

Victimisation under the Equality Act 2010 (Great Britain): protected acts, detriment, causation, associative claims, post-employment and pay disclosures, and defences

Published by a LexisNexis Employment expert

Practice notes

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Unlawful Victimisation under the Equality Act 2010 (EqA 2010)

This Practice Note explores unlawful victimisation under the Equality Act 2010 (EqA 2010). Domestic laws introduced to fulfil the UK’s duties under EU law—such as the obligation to implement Directive 2000/78/EC, the Equal Treatment Framework Directive, which the EqA 2010 gives effect to—are treated as assimilated law. For further information, see Practice Note: Assimilated law.

The aim of the victimisation provisions is to protect a person who raises concerns to assert their EqA 2010 rights and is then treated unfavourably in retaliation. For example:

a woman tells her (male) manager she believes he refused to promote her because of her gender
the manager responds by dismissing her
he maintains this was not due to her gender, but because she had the nerve to suggest he had discriminated against her

The manager’s conduct is neither direct nor indirect discrimination; nevertheless, it constitutes unlawful victimisation (see: defined, below). For details on other types of discrimination and prohibited conduct under EqA 2010, see: Prohibited conduct (discrimination etc)—overview...

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Web page updated on 22/05/2026

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