Victimisation in the workplace, as defined under the Equality Act 2010, occurs when an employee faces unfair treatment for raising concerns about discrimination or exercising their legal rights.

A recent employment tribunal case, Benassi v. Maximus UK Services Ltd, highlights the importance of addressing grievances appropriately and ensuring fairness in the workplace. This case serves as a reminder of the serious repercussions for employers when they fail to act in compliance with anti-discrimination laws.

The tribunal findings,  involving claims of victimisation and harassment on the grounds of age, underline critical issues related to grievance handling and discrimination laws. This article, summarises the case, its findings and the lessons employers and HR professionals can learn to foster better workplace practices.

 

Background

Ms. Elizabeth Benassi, 18 years old at the time, joined Maximus UK Services Ltd as an Employment Adviser on 15 August 2022. As the youngest team member in a predominantly older workforce, soon reported experiencing unfair treatment linked to her age.

During her brief tenure, Ms. Benassi raised several concerns. These included being reprimanded for wearing trainers while other colleagues were not, the unauthorised disclosure of her age, and excessive micromanagement. Believing these actions stemmed from age discrimination, she formally raised a grievance. Shortly after, she was dismissed, leading her to bring claims of victimisation in the workplace and harassment to the Employment Tribunal.

 

Tribunal Findings

The tribunal’s judgement addressed two key claims:

1. Victimisation: Ms. Benassi’s claim of victimisation was upheld. The tribunal found that after she raised her grievance alleging age discrimination, she faced heightened scrutiny and micromanagement, ultimately leading to her dismissal. This sequence of events directly linked her grievance to her termination, constituting victimisation under the Equality Act 2010.

2. Harassment on Grounds of Age: This claim was dismissed. While the tribunal acknowledged that Ms. Benassi experienced unfair treatment, it concluded there was insufficient evidence to directly tie this behaviour to her age.

 

Compensation Awarded

The tribunal awarded Ms. Benassi a total of £29,187, broken down as follows:

• Financial loss: £10,965
• Interest on financial loss: £944
• Injury to feelings: £14,825
• Interest on injury to feelings: £2,453

 

Key Learnings for Preventing Victimisation in the Workplace

This case offers several critical lessons for  organisations aiming to encourage a fair and inclusive workplace. Here are the key takeaways:

1. Handle Grievances with Care and Fairness:

• Support employees who raise grievances to ensure they do not feel punished.
• A transparent, well-documented grievance process demonstrates professionalism and safeguards against claims of victimisation in the workplace, ensuring a culture of fairness and accountability.

2. Training on Anti-Discrimination Laws:

• Train all managers and team leaders on equality legislation, including the Equality Act 2010.

• Equip staff with tools to manage diverse teams effectively and respectfully, reducing unconscious bias.

3. Build an Inclusive Culture:

• Create an inclusive workplace culture that celebrates diversity and reduces the likelihood of discriminatory behaviours.
• Encourage open communication channels where employees feel comfortable raising concerns without fear of repercussions.

4. Consistency in Workplace Rules:

• Inconsistent enforcement of rules, such as dress codes, can lead to perceptions of unfair treatment. Apply all policies uniformly to avoid claims of discrimination.

5. Document Decisions Thoroughly:

• Clear, evidence-based documentation of managerial decisions, especially regarding performance management or disciplinary actions, can provide critical protection against unfounded claims.

6. Recognise the Risks of Unconscious Bias:

• Micromanaging younger employees, as an example of unintentional bias, can create a perception of discrimination. Encourage self-awareness and reflection among managers to mitigate these risks.

 

Final Thoughts

The case of Benassi v. Maximus UK Services Ltd is a cautionary tale for organisations. It underscores the importance of fostering a supportive workplace culture where employees feel valued and grievances are handled with respect and care. Proactive measures, such as robust training, clear policies, and consistent practices, can help organisations avoid the pitfalls of victimisation in the workplace.

Now is the time for HR professionals to act. Review your policies, invest in training, and ensure grievance procedures align with equality laws. By doing so, organisations can not only prevent costly tribunal cases but also build workplaces that truly embody fairness, inclusivity, and trust.