Equality Act 2010, section 27

Victimisation

Part 2 Equality: key concepts

(1)A person (A) victimises another person (B) if A subjects B to a detriment because—

(a)B does a protected act, or

(b)A believes that B has done, or may do, a protected act.

(2)Each of the following is a protected act—

(a)bringing proceedings under this Act;

(b)giving evidence or information in connection with proceedings under this Act;

(c)doing any other thing for the purposes of or in connection with this Act;

(d)making an allegation (whether or not express) that A or another person has contravened this Act.

(3)Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.

(4)This section applies only where the person subjected to a detriment is an individual.

(5)The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule.

Definitions used in section 27 2

detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act
breach of an equality clause or rule

(8)A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.

Defined in s.212(8) · see it in the full Act

Cases considering section 27 133

Allison Bailey v Stonewall Equality Ltd & Ors

[2025] EWCA Civ 1662 · 18 December 2025Interprets

Uses the because-of requirement for victimisation to identify the mental element of the underlying basic contravention, while declining to treat it as a fixed requirement for liability under section 111(2). (see paras [7]; [51]; [74]-[75]) Defines victimisation by reference to subjecting a person to detriment because of a protected act or belief that a protected act has been done or may be done. (see para [7])

Page v NHS Trust Development Authority

[2021] EWCA Civ 255 · 26 February 2021

Victimisation requires a detriment because the claimant did a protected act. The Authority’s reasons were unrelated to the discrimination allegations made in the media. (see paras [32]; [92]-[98]) An allegation that a person has contravened the Act is a protected act. The director’s allegations against the judicial authorities qualified, but did not cause the Authority’s action. (see paras [32]; [92]-[98])

Page v Lord Chancellor & Anor

[2021] EWCA Civ 254 · 26 February 2021Interprets

Section 27 requires an inquiry into the respondent’s operative reason for the detriment. A protected act need not be the sole or principal cause, but it must be a significant part of that reason. The respondents acted because of the appellant’s public declaration of bias, not because of a protected act (see paras [29]-[30]; [38]-[40]; [60]-[61]).

113 more judgments, and what each says about section 27, are in the case-law panel in the full Act.

Explanatory note

100.This section defines what conduct amounts to victimisation under the Act. It provides that victimisation takes place where one person treats another badly because he or she in good faith has done a “protected act”, for example taken or supported any action taken for the purpose of the Act, including in relation to any alleged breach of its provisions. It also provides that victimisation takes place where one person treats another badly because he or she is suspected of having done this or of intending to do this.

101.A person is not protected from victimisation where he or she maliciously makes or supports an untrue complaint.

102.Only an individual can bring a claim for victimisation.

103.This section replaces similar provisions in previous legislation. However, under the Act victimisation is technically no longer treated as a form of discrimination, so there is no longer a need to compare treatment of an alleged victim with that of a person who has not made or supported a complaint under the Act.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I9S. 27 wholly in force; s. 27 not in force at Royal Assent see s. 216; s. 27 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(2)(f) (with art. 15, and subject to transitional provision in art. 8)