What is Victimisation?
S.27 of Equality Act defines victimisation as:
‘A person (A) victimises another person (B) if A subjects B to a detriment because
( a) B does a protected action; OR
( b) A believes B will do a protected act.
Basically, a person mistreats another because they have or are going to make a claim of discrimination or support another person’s claim.
Victimisation doesn’t come under discrimination anymore; so a comparator isn’t needed, as with discrimination.
Victimisation is key in protecting those who make discrimination claims. Without claims there will be no solution to the behaviour.
Elements of Victimisation
A person must prove:
· They have done a protected act; AND
· The defendant subjected the claimant to a detriment;
· Because of the protected act.
Azis v Trinity Street Taxis
Taxi driver attempted to claim discrimination, but failed. After his claim, he was fired. Tried to claim victimisation, but claim dismissed; the ruling was there wasn’t enough to prove the link between the discrimination claim and the dismissal.