Article 25 of Directive (EU) 2023/970 protects workers and worker representatives from being treated less favourably because they exercised equal-pay rights or supported another person in protecting those rights. This broader protection is often described as protection against victimisation. It can overlap with retaliation after a complaint, but its focus is the prohibited link between protected equal-pay activity and less favourable treatment. National law determines the exact legal test and remedy.
Jurisdiction: European Union
Check national legal test and remedies
Victimisation Protection Covers Exercising Rights
The first part of Article 25 states that workers and their representatives must not be treated less favourably because they exercised rights relating to equal pay. Protected activity can include requesting information, raising a concern, participating in representative processes or otherwise using rights created by the equal-pay framework. The rule supports practical enforcement by reducing the fear that exercising a right will itself produce workplace disadvantage.
Supporting Another Person Is Also Protected
Article 25 does not protect only the person whose pay is disputed. It also covers a worker or representative who supports another person in protecting equal-pay rights. That matters in workplaces where colleagues provide information, accompany a worker, act as a representative or otherwise assist with a concern. Employers should ensure that managers do not penalise someone merely because that person supported a colleague's lawful equal-pay activity.
Less Favourable Treatment Is a Broad Concept
The Directive uses a broad formulation rather than limiting protection to dismissal. Depending on national law and facts, less favourable treatment can potentially include disadvantage in assignments, opportunities, performance processes, workplace access or other conditions. The legal assessment is jurisdiction-specific, but the employer should focus on causation: was the person disadvantaged because of the protected equal-pay activity? A legitimate decision based on unrelated factors should be documented clearly.
Victimisation and Retaliation Overlap but Can Be Framed Differently
The same Article also specifically requires protection against dismissal or other adverse treatment in reaction to an internal complaint or formal proceeding. That is a classic retaliation scenario. The broader less-favourable-treatment wording also captures protected activity that may not fit a formal complaint sequence. Keeping the concepts distinct helps employers train managers more effectively: do not punish a complaint, and do not disadvantage someone simply for exercising or supporting equal-pay rights.
Worker Representatives Need Particular Protection
Representatives may challenge pay practices, request information, review methodologies or participate in proceedings as part of their role. Article 25 expressly includes them in the protection. Employers should therefore avoid treating robust representative activity as a performance or conduct problem merely because it is inconvenient. Where a genuine employment concern exists, decision-makers should separate it from representative activity and document the independent basis for any action.
Employers Should Monitor for Secondary Consequences
Victimisation risk can arise outside formal HR decisions. A worker who raises a pay issue may experience changed access to projects, informal exclusion or unexplained changes in treatment. Employers should provide reporting channels and review credible concerns promptly. Training should make clear that the prohibition applies to everyday management behaviour as well as formal dismissal decisions. A culture that permits subtle punishment can undermine the transparency system even if written policies appear compliant.
Frequently Asked Questions
Who is protected against victimisation?
Workers and workers' representatives who exercise equal-pay rights or support another person in protecting those rights.
Does protection require a formal lawsuit?
No. The broader Article 25 protection applies to exercising or supporting equal-pay rights, while the Article also specifically protects complaints and formal proceedings.
Can a colleague be protected for helping another worker?
Yes. Article 25 expressly protects support for another person in the protection of equal-pay rights.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.