Nearly 40% of workers in the UK feel they have had reason to take legal action against their employer, but have been deterred by the prospect of victimisation by their manager or employer, a survey has found. Victimisation is when an employer takes action against an employee as revenge for the employee raising a complaint.

According to the new poll conducted by Censuswide for Leigh Day, only one in five (20%) employees said nothing would deter them from taking legal action.

Leigh Day says that the results of the survey echo concerns their clients have, but the law firm wants to debunk the myth that taking legal action can negatively impact employees at their place of work.

The Equality Act 2010 protects all workers from unfavourable treatment by their employer, manager or co-workers as a result of bringing an employment claim.

Examples of unfavourable treatment covered by The Equality Act 2010 include being:

• Refused overtime or changing working pattern;
• Rejected for promotion; and/or
• Overlooked in the allocation of discretionary bonuses or performance-related awards.

Michael Newman, a partner in the employment team at Leigh Day, said:

"It can be daunting to take on your employer, which is why it’s unsurprising that, according to this survey, only 25% of people working in the UK feel very confident in raising a work grievance. But it’s important to remember that there are several factors that make victimisation extremely rare. Firstly, the law is there to protect you from your employer, and any members of staff, treating you badly because you are bringing a claim. "There is also strength in numbers. We are currently representing more than 60,000 in equal pay and workers’ rights claims. The more people involved in claims, the less likely an employer is to victimise their staff.”

Fear of losing the case (33%) and impact on finances (35%) were also given as reasons for not taking legal action against an employer.

Sarah Creedon, whose name has been changed to protect her identity, works in an Asda petrol station. She said:

“Most of the staff at the store I work in are involved in the equal pay claim, which makes me feel protected. There’s a big group of us who are really friendly, and we’ve had meetings every step of the way. If we were to receive equal pay, I would feel that the work I do and the responsibilities that rest on my shoulders are actually appreciated. Everyone I work with involved in the claim goes above and beyond and this would finally be our recognition.”