Protected acts & victimisation

5 min read · Reviewed 21 June 2026

Victimisation protects people who complain about discrimination — or help someone else who does — from being punished for it. This guide explains the two pieces: the protected act, and the detriment that follows.

What is a protected act?

A protected act is, broadly, doing one of these things: bringing discrimination proceedings; giving evidence or information in connection with them; making an allegation that someone has breached the Equality Act; or doing any other thing for the purposes of the Act. A grievance that complains of discrimination usually qualifies, even if it never uses the word 'discrimination', as long as it conveys that complaint.

There is one limit: an allegation made in bad faith — knowing it was false — is not protected. But an allegation that turns out to be wrong is still protected if you made it honestly.

What is victimisation?

Victimisation is being subjected to a detriment because you did a protected act. Two things have to connect: the detriment (some disadvantage done to you) and the reason for it (the protected act). You do not have to show the protected act was the only reason — it is enough that it had a significant influence on the employer's decision.

Proving the link

The hard part is usually the 'because'. The same shifting burden of proof applies: you show enough for a tribunal to conclude the detriment could have been because of the protected act, and the employer must then give an honest, non-victimisation reason. Timing, knowledge (did the decision-maker know about your complaint?), and any change in how you were treated after you complained all matter.