Many statutory employment rights have provisions which give legal protection to employees who try to assert their rights but are unfairly treated by their employer in response.
A detriment can be any sort of treatment which the employee feels is unfair or has put them at a disadvantage. The treatment will need to be more than a trivial incident but other than this it can be treatment of a relatively minor nature. The treatment need not be deliberate and could arise from an error or a mistake.
Examples of detrimental treatment could include:
Proving that the treatment is an unlawful detriment needs careful thought and the link below will help you establish the link.
In this context the term employee is also important - it has a legal definition and not all people in work will be employees so you will need to check that you are covered.
The table below sets out the statutory rights where detriment is unlawful.
|Employees in England aged 16 or 17 participating in education or training|
|Health and safety|
|Leave for family and domestic reasons|
|Occupational pension scheme trustee|
|Part time workers|
|Protected disclosures ('whistleblowing')|
|Sunday working for shop and betting workers|
|Time off for study or training|
|Union membership or activities|
|Working time cases|