Public and Commercial Services Union

An employer must not treat a worker less favourably because s/he has complained of discrimination or given evidence supporting another worker.

There is protection for the worker if s/he makes an allegation ‘in good faith’ of anything which would be unlawful race discrimination. It is also unlawful for an employer to penalise a worker because s/he anticipates that the worker is likely to allege race discrimination (this, however, is very hard to prove).

Points to note:

• be careful because potential victimisation claims can easily be missed
• where an allegation of race discrimination is made, it should be explicit, unambiguous and writing, so that the making of the making of the allegation can be proved
• be alert to any change in the employer’s attitude or behaviour towards the worker after the allegation is made.
• Victimisation is an industrial relations issue as well as a legal one. Many employers, even where they have policies against direct and indirect discrimination, simply have not thought about how to ensure that victimisation against someone making an allegation of racism is avoided.

Have you experienced a racial incident at work? Are you not able to contact your local union representative? Ring the Racial Incident Hotline at PCS HQ on 020 7801 2678.

Victimisation checklist - potential triggers

A worker is victimised because:

• s/he brought a tribunal case under the Race Relations Act 1976 (RRA)
• s/he was a witness in a case brought by someone else under the RRA
• the employer knows the worker intends to be a witness in a case under the RRA
• the employer suspects the worker intends to be a witness in a case under the RRA
• s/he has brought a formal grievance alleging race discrimination
• s/he has alleged that a member of the public has discriminated against her
• s/he has complained of racial harassment
• s/he has objected to racist remarks
• s/he has spoken to the Equalities and Human Rights Commission 

Forms of victimisation

As a result of the worker’s action, the employer:

• disciplines or dismisses the worker
• denies the worker the usual overtime opportunities
• bars the worker from the bonus scheme
• enforces petty rules against the worker that were previously overlooked
• refuses transfer requests
• refuses to agree holiday dates
• excludes the worker from important meetings; marginalises the worker or ‘sends her/him to Coventry’
• pressurises the worker to drop the allegation; threatens the worker with damage to her/his career if she persists with the allegation.