Detriment at Work

If you have suffered a detriment at work because of something you have complained to your employer about, you may be able to make a claim.

A detriment is being subjected to some kind of disadvantage other than being dismissed from your job (unless you are a “worker” and not an “employee”). The term covers a broad range of unfair treatment, for example a failure to promote, demotion, closer monitoring, ostracism, suspension, disciplinary action and others.

Detriment Claims Solicitors

If you feel you are being treated unfairly by your employer, seeking independent legal advice is an essential first step to help resolve the issue. Our solicitors have a breadth of experience in detriment cases, ranging from trade union to whistleblowing to health and safety detriment claims, as well as victimisation. You can be sure you’ll receive clear and practical advice on the prospects of your case and options available to you.

If you decide to make a claim against your employer in an employment tribunal, our experienced litigators will support and guide you through the process and work hard to achieve the best possible outcome.

For more information on how we can help you, please contact us.

Making a claim for detriment at work

In order to make a claim for detriment, the disadvantage must be suffered as a result of making a particular complaint or for engaging in certain activities, such as:

Asserting a relevant statutory right,
Engaging in trade union activities
Making a protected disclosure (“blowing the whistle”), or
Complaining about discrimination

You must also be able to demonstrate that the disadvantage was suffered because you made the complaint or asserted the right, as opposed to other reasons for a claim to be considered in an employment tribunal.

For example, if a shift worker makes a complaint about poor and dangerous working conditions and is then subsequently not given any more shifts or overtime, this might be seen as being subjected to a detriment because of making that complaint.

It is important to note that detriment claims can only be brought in specific circumstances for raising particular complaints. If you are unsure if you are able to bring such a claim against your employer, one of our experienced lawyers will be able to advise you.

Detriment at Work Solicitors

Compensation for Detrimental Treatment

You may be able to claim compensation as a result of the detriment. This can include an award called an “injury to feelings” award in certain cases. It may also include financial loss, if any has been suffered. For example, if the detriment is the denial of a promotion, compensation for the loss of salary increase could potentially be claimed. An employment tribunal would have to assess what loss was attributable to the detriment claimed.

Detrimental Treatment FAQs

What is a detriment?

A detriment occurs when an employer subjects an employee to a disadvantage in the workplace. For example it could include:

being denied opportunities for training.

being given an excessively large workload.
being subjected to humiliating or demeaning comments. If these comments are discriminatory and based on a protected characteristic, you may also be able to make a discrimination claim under the Equality Act 2010.
continually highlighting insignificant issues about your behaviour at work or other forms of bullying.
refusing to take grievances or disciplinary action seriously.

How do I make a detriment claim?

In order to make a detriment claim, you must be a worker or employee and demonstrate:

You have made a protected disclosure, engaged in trade union activities, or an employment right of yours has been violated and you have complained about it.
You have suffered a detriment as a direct result of making the complaint and/or trying to assert or use an employment right

Do I have to prove financial loss?

No. You may be entitled to an injury to feelings award, provided the disadvantage was significant enough and it was reasonable to assume your feelings would be injured. However, financial loss that results from the detriment can also be claimed, if appropriate.

How do I make a detriment claim in an Employment Tribunal?

If you suffer a detriment, you can bring a claim against your employer in the Employment Tribunal. You must first lodge ACAS Early Conciliation and once that process has been completed, you may submit a claim to the Employment Tribunal by completing an ET1 form.

Which of my employment rights are protected rights, that give rise to detriment claims?

Only some employment rights are protected and can give rise to detriment claims. These are:

health and safety issues;
trade union activities;
whistleblowing;
the right to have statutory holidays;
the right to have rest breaks;
time off for study and training, if a young worker;
parental and family leave;
the right to be paid the minimum wage or national living wage;
the right to not have pay unlawfully deducted;
Sunday working;
flexible working rights.

Do any time limits apply?

You must bring your claim within three months of the act or failure to act that you are complaining about. However, if you are complaining about a series of events, your time limit will run from the date of the most recent event.

If you have suffered a detriment at work, it is important to seek legal advice as soon as possible, so that if you wish to make a claim you can do so before the time limit expires.

What will I be awarded if my detriment claim is successful?

If successful, the Employment Tribunal will make a declaration that you suffered detriment during your employment and it may award compensation.

Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.

Want more information? Contact a member of our team today.

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