Author: Priya Cunningham at Thompsons Solicitors (see website)
The answer is NO! To do so would be unlawful. An employer cannot sack you, or treat you badly because you have raised a complaint at work, or brought a claim against them, regardless of what the complaint is about. Your complaint might be that you are being discriminated against on the grounds of your race, religion, sex, sexual preference, disability, marital status or because you are pregnant, on maternity leave, or treated badly when you return form maternity leave. If you are sacked, or treated badly, after making a complaint of discrimination then you can bring a victimisation claim in the Employment Tribunal.
Employees are protected from victimisation if they support someone else who has made a complaint against the employer by giving a statement that would help their workmate’s case, or by giving evidence for them at an Employment Tribunal.
Naturally, employees themselves are also protected where they raise claims in the Employment Tribunal. If an employee brings a claim in the Employment Tribunal and continues to work for the employer after that then the employee cannot be treated less favourably. For example, they should not be overlooked for a promotion that they would have been given if they did not bring their claim.
If an employee brings a personal injury claim, then the employer cannot sack them because they have brought the claim. An employee who has two years or more service can bring an unfair dismissal claim if they were to be sacked for bringing a personal injury claim. There are certain, limited, circumstances where bringing a personal injury claim could result in victimisation claim if the employer treats you badly after bringing a personal injury claim. For example, if an injury left you disabled, then you might be able to bring a disability discrimination claim. However, this really does depend on the facts of the personal injury claim.
Victimisation can also occur if an employee is treated badly or dismissed as a result of seeking pay information from a workmate, or former workmate, or disclosing their own pay to anyone.
If you have any concerns about victimisation, you should contact your trade union or ACAS for advice. The Employment Tribunal operates strict time limits and claims for victimisation must be conciliated through ACAS within 3 months, minus a day, of the date on which the incident that you are complaining of occurs. A claim cannot be pursued in the Employment Tribunal unless it has been conciliated through ACAS first.