Discrimination After Raising a Grievance: When Treatment Gets Worse

Raising a workplace grievance is a legally protected action, particularly when it concerns discrimination or harassment. However, in some cases, employees experience unfavourable treatment after making a complaint.  

These situations can give rise to claims for victimisation under the Equality Act 2010 (EqA) and, in certain circumstances, might also overlap with constructive dismissal issues. The key legal issue is not whether the employer agrees with the grievance, but whether the employee has suffered a detriment because they carried out a protected act.

Legal Protection from Victimisation

Victimisation is defined under Section 27 of the Equality Act 2010, which protects an individual who is subjected to a detriment because they have carried out a “protected act” or is believed to have done so. A protected act includes:

• Bringing a claim under the Equality Act 2010 
• Giving evidence or information as part of a discrimination claim or investigation
• Taking any other action connected to enforcing rights under the Equality Act 2010 
• Making a complaint or raising concerns that you have been discriminated against, even if it is informal or not explicitly labelled as “discrimination”

In practical terms, this means employees are legally protected when raising concerns about discrimination in the workplace, whether informally, through a formal grievance, or as part of Employment Tribunal proceedings.

The term “detriment” is interpreted broadly by Employment Tribunals and is often used in whistleblowing cases. It does not need to involve a formal dismissal or disciplinary action. It can include any treatment that makes an employee feel punished for speaking out, such as: any financial disadvantage, denying promotion, requiring them to work harder or longer,  or

denying the same benefits to the worker.

Importantly, the original complaint does not need to succeed to claim victimisation. Protection applies where the protected act was made in good faith, even if the allegation is not upheld. Tribunals often focus on timing. Where unfavourable treatment follows closely after a grievance and the employer cannot justify the treatment, it can result in victimisation. 

How Treatment Often Changes After a Grievance

Victimisation is rarely direct or openly acknowledged. Instead, changes in treatment tend to be subtle and develop gradually, making them harder to identify in real time, particularly in high-pressure environments where performance management is already underway.

Employees often report a noticeable shift following a grievance or discrimination complaint. This can include increased scrutiny of performance without clear justification, exclusion from key meetings or communications, reduced responsibilities or project exposure, or changes in team structure. In some cases, there might also be delays in promotion, pay review or bonus decisions, or a shift in tone and approach from managers.

Individually, these actions might be presented as routine management decisions. However, when viewed collectively or in the context of having recently raised a grievance, they can have more legal significance. Employment Tribunals will consider whether these changes occurred shortly after a protected act, and whether they differ from established workplace norms. 

How Tribunals Assess Victimisation Claims

Victimisation claims are rarely decided on direct evidence of intent. Instead, Employment Tribunals assess the wider context and look at the facts. Key considerations include the timing of events, whether the employer’s explanation is consistent and supported by evidence, how comparable employees have been treated, and whether there is documentation supporting the stated reasons for decisions.

An important aspect of these claims is the burden of proof under Section 136 of the Equality Act 2010. This means that once an employee establishes facts that they were victimised, the burden shifts to the employer to show that the treatment was not due to discriminatory reasons. They need to prove that their actions were for the greater good of the business. If they fail to do this, the employee is likely to be awarded compensation by the Tribunal.

This makes documentation, timing, and consistency particularly important. Where explanations change over time or are not supported by records created at the time decisions were made,  Tribunals may place less weight on the employer’s justification.

Internal Grievance Processes and What Employees Should Focus On

Most employers have formal grievance procedures designed to address workplace concerns, and in many cases, these provide a structured process for raising issues. However, they do not always resolve the underlying dispute, particularly when concerns involve treatment from senior team members following a previous grievance. 

In some situations, a poor grievance process becomes part of the wider issue, particularly where the outcome is inadequate or when treatment does not improve afterwards. It is also common for concerns to continue after a grievance has been concluded, especially in workplaces where tensions remain. When treatment appears to worsen following a grievance, the focus typically shifts towards evidence. Tribunals are generally concerned with whether a pattern can be established and the employer’s explanation is supported by clear documentation.

In practice, employees are often advised to keep detailed records of any changes in their treatment, retain any relevant written communications, and track changes in responsibilities, expectations, or reporting structures. Comparisons with colleagues in similar roles might also be relevant where consistency of treatment is in question.  Together, this helps determine whether changes in treatment form part of ordinary management or may be linked to the grievance itself, potentially protected under the Equality Act 2010.

Making a Claim of Victimisation at Work 

Victimisation is often an overlooked form of discrimination, particularly because it can be subtle and develop gradually after a grievance has been raised. However, under the Equality Act 2010, employees are specifically protected from being treated unfavourably simply for raising or supporting concerns about discrimination.

This protection means that any change in treatment following a grievance or participation in an investigation may potentially give rise to a legal claim, even where the original complaint is not upheld. Because these situations can be difficult to identify at the time, they are often fully understood only when patterns in treatment are reviewed as a whole.

It is important to understand that the law does provide protection, and employees do not have to navigate these situations alone. If you are concerned that your treatment has changed after raising a workplace grievance, Damian McCarthy can advise you on your rights and the legal options available to you. Contact us today for some confidential guidance.