Being punished after you complain about discrimination can be a separate legal wrong.
“Race and religion discrimination plus victimisationBeing treated badly because you've raised a complaint, supported someone else's complaint, or done something else the law protects, such as raising a grievance or whistleblowing. It is unlawful in its... upheld; compensation still to be decided.”
If you are treated badly, suspended, or dismissed after complaining about discrimination at work, that can be a separate legal wrong in itself. Whether the original complaint succeeds or not, the punishment afterwards stands on its own as a wrong.
- Write down the date of every complaint you make and what happens afterwards, especially if you are then disciplined, suspended, or dismissed.
- A later punishment can count as victimisation even if your original complaint was never upheld.
- Time limits for discrimination and victimisation claims are short, normally three months less one day. If you recognise this pattern, get advice now.
The situation
In October 2023, the claimant raised a complaint of race discrimination with his manager at Kingfisher Industrial. The manager dismissed the complaint as banter and responded with a racially offensive remark of his own. When the claimant then raised how a colleague had been treated, the manager made a further comment comparing the claimant to two white British Catholic colleagues, invoking religion and nationality. Eight months later, in June 2024, the claimant was suspended, and dismissed the next day.
What the tribunal found
The tribunal ruled that the manager's comments were direct discriminationDirect discrimination is when someone treats you worse than they treat, or would treat, another person because of a protected characteristic, such as race, sex, disability, or religion or belief. It d..., both because of race and because of religion or belief. Both breach section 13 of the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a.... It also found that the claimant's suspension and dismissal amounted to victimisation under section 27 of the same Act. He was suspended and dismissed because he had complained about discrimination. The employer had no other justification for it. The dismissal was also found to be a breach of contractWhen one party to an employment contract fails to comply with one of its terms without a lawful reason. Your employer breaching a significant term of your contract can entitle you to resign and claim .... Other parts of the claim, including a disability discrimination complaint and a standalone unfair dismissalA legal claim you can bring if your employer dismissed you without a fair reason or without following a fair process. You normally need two years of continuous employment to qualify, though some dismi... complaint, did not succeed.
This is a liability judgment only. The tribunal has ruled that these wrongs happened. Compensation is a separate question, still to be decided at a separate remedy hearing.
Have you complained about discrimination at work, then found yourself disciplined, suspended, or dismissed? You are not alone, and the law backs you here. Making that complaint is a protected actSomething you do that's protected from victimisation, such as making a discrimination complaint, giving evidence for someone else's claim, or raising a concern about unequal treatment. You're still pr.... Your employer is not allowed to treat you worse because you made it, even if they package the reason as something else.
This is what victimisation means in practice: your employer treating you badly because you complained, regardless of whether the original complaint would have succeeded on its own. Does the timing look suspicious? Do the reasons given for your suspension or dismissal shift, or fail to add up? Did the action follow closely after you raised a concern? Any of that is worth taking seriously. Keep a record of the dates. Note what was said, and what happened afterwards.
Discrimination and victimisation claims are rarely straightforward to prove on your own, and time limits are short, normally three monthsThe standard time limit for bringing most employment tribunal claims, running from the date of the act complained of. Because the limit is three months less one day, you should not wait until what fee... less one day from the act you are complaining about. If you recognise your situation here, get advice inside that three-month window. Miss it, and the claim is gone.
Mr A Alboraiki v Kingfisher Industrial Ltd and Kingfisher Industrial Holdings Ltd. Case 6009010/2024. Birmingham Employment Tribunal. July 2026.