Commentary on Sections Part 2: Equality: Key Concepts Chapter 2: Prohibited conduct Effect
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.