We are often contacted by neurodiverse/disabled individuals who fear the consequences of speaking up if they are being discriminated against. We emphasise that they are protected by the Equality Act 2010.

What is Victimisation?

Victimisation refers to treating someone unfairly because they’ve been involved in a discrimination or harassment complaint. This includes labelling them as troublemakers, excluding them, or restricting their participation in certain activities. Under the Equality Act 2010, victimisation is considered a specific form of discrimination, separate from bullying.

Legal Protection According to the Equality Act 2010.

Victimisation occurs when someone suffers a “detriment” due to taking or intending to take a “protected act.” These protected acts encompass various actions related to discrimination law, such as making a complaint of discrimination, supporting someone else’s complaint, gathering information for a complaint, acting as a witness, or providing evidence.

Acting in Good Faith.

To be legally protected from victimisation, you must have acted “in good faith.” This means genuinely believing that your claims are true. However, individuals who deliberately present false evidence or make false allegations are not protected from victimisation.

Real-Life Example.

Let’s say Tim, who supported his colleague Raj’s disability discrimination claim, applies for a promotion but is not selected. If this decision was based on the belief that Tim is a pest for supporting Raj’s claim, Tim is experiencing victimisation under the law. Raj, too, can claim victimisation if he’s denied promotion due to his previous discrimination complaint.

In summary, disabled individuals should remember that they are legally protected when making genuine claims of disability discrimination.

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