Is this victimisation?

[Idideridest]

I made a complaint about the way a disciplinary process had been followed - discrimination on the basis of sex, it’s waiting for a preparatory hearing at an Employment Tribunal.

I’ve just heard that my boss (different part of the public sector organisation now) has made a complaint about me making a complaint. He’s included a number of things which didn’t happen, the fact I made an SAR, and the fact that I’d made this complaint. I thought these complaints were protected under the equality act but HR seem to be letting it proceed.

Hi OP, I think you are misunderstanding what it means when you say that “these complaints were protected under the equality act”. You’re right, they are, but maybe not in the way you think they are.

The Equality Act does protect us from discrimination as a result of a protected characteristic, that is correct, so if you believe this has taken place then you can and have rightfully raised this. The Equality Act “enables” you to do this- nobody should be being discriminated against as a result of sex.

But the Equality Act does not mean that somebody else can’t make a complaint if they believe for example that there is something else going on in conjunction with your original complaint. Your boss’ complaint is a separate one, and there is nothing to prevent that.

Thank you. I am confused, you’re right. It just doesn’t make sense that they can intimidate people into not raising concerns about discrimination by making a counter complaint, claiming the complaint (made in good faith) is harassment. I understood a grievance and ET claim to be covered by the act to prevent this.

Hope I can get 20 min on the phone with a solicitor to work out how to proceed.

Well if his complaint is entirely that you complained and raised an SAR then that would seem to be victimisation. If there’s a different angle on it - the way you conducted yourself or other actions then it might not be

It’s divided into 4 things.
1 complaint
2 SAR
3 that I was late to a meeting (I wasn’t)
4 that I reported him for putting confidential medical information in an open diary marker (I didn’t report him but he did do that)

Honestly I wouldn’t let this change or affect how you proceed at all.

His complaint will not just be “X has made a complaint”, that wouldn’t be substantive enough. It is more likely to refer to say your conduct, slander/defamation (have you posted about it online, to colleagues, spread it round the office e.g.), it could be a harassment or bullying claim… lots of things.

If you know you have not done anything wrong, then just continue as you have been.

You have made a complaint, it will be fully investigated and an outcome reached.

He has made a complaint, that will also be fully investigated and an outcome reached.

They are both independent of each other. Only you know if his claims have any basis, if they don’t then simply wait it out, the investigation into his will reflect exactly that.

He’s allowed to make a complaint though if he feels there is an issue in the same way that you are.

You can't be treated unfairly for making a protected act - that's victimisation in the EA meaning.

Making a complaint about you because you made a protected act does somewhat seem to verge into that, but you would need advice from a competent professional with expertise in this area who can consider the full facts.

Is he asserting that your action was malicious or made in bad faith? Victimisation doesn't apply if it's proven that was the case.

HR may feel they need to investigate his complaint to establish whether he is making a malicious complaint against you that would be victimisation. Or they may not be that well versed with the EA.

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/2/2/15

https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/check-how-youve-been-discriminated-against/

@Idideridest as it’s public sector they should do it by the book. They will follow the process, which may include interviewing you. I know it’s stressful but let them work through the process as I suspect ultimately it is unlikely to be upheld.