A protected act includes:
- Bringing proceedings under the EqA.
- Giving evidence or information in connection with proceedings under the EqA.
- Doing any other thing for the purposes of, or in connection with, the EqA.
- Making an allegation (whether or not express) that someone has contravened the EqA.
Also bear in mind the following five points:
1. Liability can arise for refusing to employ someone who has given evidence against a previous employer in a discrimination case. Carefully assess job applications and state clear reasons for rejecting an applicant to minimise exposure to pre-employment victimisation claims.
2. Be scrupulous about the fair handling of grievances involving discrimination claims. Line managers should be trained in how to deal with such complaints, paying close attention to matters raised informally by employees and considering them in the context of any historic grievances too.
3. Ensure that business information is communicated to all affected employees and that employees feel included in the workplace, particularly if they have raised a grievance in relation to discrimination previously. Make sure employees feel comfortable in bringing a grievance and in supporting other employees doing so.
4. Avoid giving non-standard factual references for employees. This will reduce the risk of the content being construed as victimisation if the individual has previously performed a protected act. If a personal reference is provided, ensure that it does not amount to victimisation and, if an agreed form reference needs to be used in future, make the relevant people in the business aware of that.
5. Last, but not least, have an up-to-date, clear and transparent victimisation policy in place and give staff regular training to ensure that they are supportive of each other, they take the correct approach to avoiding victimisation in the workplace, and that decisions made and actions taken can be justified without reference to a protected act.
