Claim types
Victimisation at Work: Protected Acts and Evidence
Understand when retaliation for a discrimination complaint can amount to victimisation and what evidence may establish the connection.
Last updated 17 August 2026
Free tool
Map the protected act and later treatment
Review the discrimination complaint, who knew about it and the detriments that followed.
What is victimisation at work?
Victimisation has a specific meaning under section 27 of the Equality Act 2010. It occurs where a person is subjected to a detriment because they carried out a protected act, or because the decision-maker believed they had done or might do so.
A protected act includes bringing Equality Act proceedings, giving evidence or information connected with them, doing something for the purposes of the Act or alleging that the Act has been breached. A deliberately false allegation made in bad faith is not protected.
This guide covers England, Scotland and Wales and provides general information, not legal advice on whether the necessary causal link can be proved.
Victimisation is not every form of retaliation
| May be Equality Act victimisation | May involve another issue |
|---|---|
| Denied promotion because you supported a race-discrimination complaint | Treated badly after raising a complaint unrelated to equality law |
| Excluded after alleging disability discrimination | Conflict following an ordinary performance disagreement |
| Given a poor reference because you brought discrimination proceedings | A detriment after reporting public-interest wrongdoing, which may engage whistleblowing law |
| Disciplined because you acted as a witness in a harassment complaint | General bullying with no protected act or perceived protected act |
Evidence that can show the connection
- The protected complaint, statement, grievance, witness evidence or proceedings and its date.
- Evidence showing who knew about the protected act and when.
- The later detriment, decision-maker and reasons given.
- The timing between the protected act and the treatment.
- Comparisons with treatment before the complaint or with other workers.
- Emails, meeting notes or comments describing you as disloyal, difficult or a troublemaker because of the equality complaint.
What to do about suspected victimisation
- 01
Record both events
Identify the protected act and each alleged detriment separately, with dates and decision-makers.
- 02
Preserve knowledge evidence
Record how the person responsible knew or may have known about the protected act.
- 03
Raise a focused grievance
Explain the link you allege and ask the employer to investigate and stop the treatment.
- 04
Protect time limits
Check the deadline for each act. A grievance does not normally pause the Tribunal limitation period.
Victimisation questions
Must my original discrimination complaint succeed?
Not necessarily. The protection concerns the protected act, although deliberately false evidence or allegations made in bad faith are excluded.
Can supporting a colleague be protected?
Yes. Giving evidence or information connected with an Equality Act complaint can be a protected act.
Is being ignored enough?
Exclusion can amount to a detriment depending on its effect and context, but you must also establish the required connection with a protected act.
Key guidance
Next steps
Keep your facts organised and protect your time limits with the tools below.
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