UK: Discrimination: Victimisation

Authors: Stephen Miller, Corinna Harris, and Sophie Jackson

In a race discrimination claim, the EAT noted that it was not necessary to expressly allege discrimination in order to trigger protection against victimisation.

Ms Kokomane, who was the only non-white full-time employee at work, raised complaints about being treated differently and of bullying in relation to an incident when another employee accused her of shouting. At her grievance meeting she said that black women and girls were known to be loud.

Victimisation is when someone is treated less favourably because they have done a “protected act” which includes making a complaint about discrimination or bringing a discrimination claim.

In ruling on her victimisation claim a tribunal had decided that Ms Kokomane had not done a protected act because she had not made specific allegations about discrimination in her grievance or at the hearing.

However, the EAT found that an employee does not need to state explicitly that an act of discrimination has occurred for there to be a protected act. All that is required is for a complaint to be made about something that could amount to an act of discrimination to trigger protection from victimisation.

Key Action Points for Human Resources and In-house Counsel

Employers should be mindful that an employee may have protection against victimisation where they have made a complaint about something that could be an act of discrimination – even though they have not made an express allegation of discrimination.

Ms_M_Kokomane_v_Boots_Management_Services_Ltd__2025__EAT_38.pdf