What if my employer treats me less favourably because I have lodged a claim?
The law that protects you from being discriminated against also protects you from being treated less favourably because you have done something in connection with that law. Less favourable treatment by your employer because you have, for example, lodged a claim against your employer is known as victimisation. If you are victimised by your employer, then this may give rise to a separate and fresh claim. Example Frank gave evidence at the hearing of a colleague’s discrimination complaint against their employer. He subsequently applied for a promotion but despite being suitably qualified for the position, Frank is not shortlisted. If the reason for this treatment is that Frank was a witness in that case, then the employer’s failure to shortlist him may amount to victimisation.
Related Questions
- I have written a grievance letter to my employer and lodged a claim form at the tribunal. Can I still send a questionnaire?
- Does the PEO have the right to approve (sign off) on the settlement of a claim that is associated with a client employer?
- If BWC makes the claim determination, why do they need employer certification?
