Notes on Victimisation

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  • Created by: Jem
  • Created on: 28-04-13 12:30

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.

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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.

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Case Law

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.

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