Raising a discrimination complaint is protected, and your employer can’t punish you for it
“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... for raising race discrimination concerns succeeded.”
Raising a discrimination concern 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..., and if your employer treats you worse afterwards, that is victimisation, a separate claim you can bring even if your original discrimination complaint doesn't succeed on its own.
- Keep a written record of when you raised your concern and what happened to you afterwards. The timeline is often the strongest evidence.
- You can claim for victimisation on its own. You don't need to win the underlying discrimination complaint too.
- Employer insolvency does not close the door on a claim, but it does change how any compensation actually reaches you. Get advice on this quickly given the short time limits for bringing a claim.
The situation
The claimant raised concerns about race discrimination at work, a legally protected act. After doing so, she was treated worse and was later dismissed. Her employer, a coffee house business, was in creditors' voluntary liquidationVoluntary liquidation is when a company's directors or shareholders choose to close it down and sell its assets to pay off debts, rather than being forced to by a court. If your employer goes into vol... by the time of the hearing and did not attend or defend the claim.
What the tribunal found
The tribunal found the claimant was victimised, within the meaning 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..., for having raised her discrimination concerns. It also found the employer breached her contract by failing to pay proper notice. She was awarded £11,700 for injury to feelingsA head of compensation in discrimination claims that recognises the distress and hurt caused by discriminatory treatment, separate from any financial loss. The amount is assessed using the Vento guide... plus £1,613 interest for the victimisation, and £862.50 in damages for the unpaid notice. A separate holiday payThe pay you receive for the paid annual leave you're entitled to under UK law, worth at least 5.6 weeks a year for most workers. It's usually calculated from your normal pay, though the exact method d... claim was withdrawn.
Miss S Jordan v Foundation Coffee House Ltd (in creditors' voluntary liquidation). Case 6014186/2024. Employment Tribunal. 13 May 2026.