Victimisation is defined in the Act as:

Treating someone badly because they have done a ‘protected act’ (or because the school believes that a person has done or is going to do a protected act).

There are additional victimisation provisions for schools which extend the protection to pupils who are victimised because their parent or sibling has carried out a protected act.

A ‘protected act’ is:

  • Making a claim or complaint of discrimination (under the Act).  
  • Helping someone else to make a claim by giving evidence or information.  
  • Making an allegation that the school or someone else has breached the Act.  
  • Doing anything else in connection with the Act.

If you do treat a pupil less favourably because they have taken such action then this will be unlawful victimisation.

There must be a link between what the pupil (or parent or sibling) did and your treatment of them. The less favourable treatment does not need to be linked to a protected characteristic.

For example:

A teacher shouts at a pupil because he thinks she intends to support another pupil’s sexual harassment claim. This would amount to victimisation.

Last Updated: 02 Apr 2015