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Site updated:

22 March 2010

Employment - In N. Ireland

What can I do about being victimised after I complained about being discriminated against at work?

This information applies to England, Wales, Scotland and Northern Ireland

If you have complained about discrimination and feel that you are being singled out for treatment that is different from others doing a similar job – in other words, you feel ‘picked on’ because of the complaint, it is victimisation.

The difference is that while discriminatory actions are possibly based on sex, race, religion, age, sexual orientation, disability, or whether you are lesbian, gay or bisexual, victimisation is unfair treatment because of other issues. Complaining, insisting on legal rights at work or doing anything that is legal and justified within the law that is followed by unfair treatment can be victimisation. If you have supported a colleague in a discrimination complaint and are treated unfairly this also amounts to victimisation.

You can use the law to follow up your complaints about victimisation but it is usually best to talk to someone first. Victimisation is often extremely difficult to pinpoint and prove but may be able to be sorted out quickly in an informal way and you can continue to receive pay while negotiations go on.

The next step is to raise a grievance with your employer. You have to do this in writing. If this does not solve your problem, you can make a claim to an employment tribunal, but you may have to wait 28 days from the date you raised the written grievance with your employer before you can do this. There is a three month time limit for making a claim to an employment tribunal which runs from the date that the victimisation first took place. This time limit may be extended by another three months once you have sent your grievance letter.

For more information about procedures you must follow when you make a complaint about discrimination or victimisation at work, in England, Wales and Scotland see Resolving disputes at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.

For more information about basic rights at work, see Basic rights at work.

For more information about sex discrimination, see Taking action against sex discrimination.

For more information about disability discrimination, see Disability discrimination.

For more information about race discrimination, see Taking action against race discrimination.

For more information about age discrimination at work, see Age discrimination at work.

 

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