Victimisation

Principle is that V complains about something and as a result suffers a consequence.

 Less favourable treatment than someone in the same position who had not

complained etc of behaviour that was contrary to RRA or SDA.

 Other e/es who support V are covered by the victimisation rules as well

 No need of conscious motivation by employer

 Allegations might have been unfounded, but must have been made in good

faith, for employee to succeed.

Special Cases

 Pregnancy and maternity

o Direct discrim – no need to compare unless for illness persisting after

maternity leave ended – then compare.

 Gender reassignment

o SDA amended to include as direct discrim.

Remedies

 Declaration of rights – can have terms void. Bit pointless as all it does it tell

the e/ee that he has the right not to be discriminated against – not a significant

remedy

 Order to take action to remove the effect of the act complained of…. A

recommendation by the ET for :

the e/er to remove the effect of the act by, for example,

disciplining the responsible e/ee,

5

expanding training on re discrimination,

training re interviewing.

If an extra promotion comes up the e/er mut consider the V (but

could therefore discriminate against others) and/or

 Compensation

o Which can include damages for injured feelings and PI damages for

psychiatric harm.

 No limits on compensation (average award £13,000)

 Not many claims successful, not many brought.

 Includes pecuniary losses such as LOE

 Can get aggravated damages if V dealt with in an insulting or aggressive manner. If you suffer any problems, direct your concerns to Legislation Notary London

 

NB – Schroeders case – female employee won over £1m, damage to employer huge,

lost millions due to adverse publicity and lost man hours. So employer’s need to take

claims very seriously, and take their time answering the questionnaire.