Victimisation

The Regulations also protect employees from victimisation. Victimisation is less favourable treatment by the employer by reason of the employee having done certain protected acts. The acts are:
  1. the employee brought proceedings against the employer or any other person in respect of age discrimination;
  2. the employee gave evidence or information in connection with proceedings brought by anybody against the employer or any other person under the Age Discrimination Regulations;
  3. the employee has done anything under those Regulations or by reference to them in relation to the employer or any other person;
  4. the employee alleged that the employer or anyone else committed an act which (whether or not your allegation states this) would amount to a contravention of the Age Discrimination Regulations.
If your employer knows or suspects that you have done, or intend to do, any of the protected acts, and treats you less favourably as a result, then you will be able to bring a claim for victimisation. The employer cannot justify an act of victimisation but, if the allegations or the information are false and were not made or given in good faith, then they will not be ‘protected acts’ under the Regulations.

If your employer treats you less favourably than he treats or would treat another person in the same circumstances he may be guilty of discrimination if the reason for the less favourable treatment is because you have not carried out either wholly or in part an instruction to do an act which is an unlawful act of age discrimination. Similarly, if you were given an instruction to do something which is unlawful age discrimination and you complain to your employer or any other person about that instruction and you are therefore treated less favourably by your employer, then that will amount to an act of unlawful discrimination against you.
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