Editor's message: In certain situations, if an employer subjects the employee to a detriment, the employee can claim compensation.
Notable circumstances where employees are protected from being subjected to a detriment include undertaking trade union activities, making a protected disclosure (whistleblowing) and exercising family-friendly rights.
Detrimental treatment includes failing to promote an employee, to provide training opportunities and to award a pay rise where these actions were expected or promised.
The amount of compensation awarded against an employer for unlawfully subjecting the employee to a detriment is generally what the employment tribunal considers fair and is not subject to a limit.
Felicity Alexander, employment law editor
Updated to take into account a change relating to whether or not a disclosure is in the public interest.
Updated to include information on the Court of Appeal decision in Chesterton Global Ltd and another v Nurmohamed on the definition of "in the public interest".
Updated to include information on O’Brien v Ministry of Justice, in which the Supreme Court referred to the European Court of Justice the question of the retrospective application of the Part-time Workers Directive and pension calculation.
Updated to include information on Walker v Innospec Ltd and others, in which the Supreme Court considered entitlement to pension benefits for same-sex partners.
Updated to include information on Chesterton Global Ltd & another v Nurmohamed, in which the Court of Appeal ruled on the public interest test for a protected disclosure.
The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.
We provide a mid-year round-up of key employment law cases in 2017.
Cases on appeal provides news on key case law developments that are expected.
The Court of Appeal has held that the employment tribunal incorrectly struck out the appellant's claim against Health Education England (HEE). The Court remitted the claim to a fresh tribunal to decide, as a preliminary issue, if the appellant was a worker in relation to HEE under the whistleblowing provisions of the Employment Rights Act 1996.
Updated to include information on the final whistleblowing rules that will apply to UK branches of overseas banks and insurers from 7 September 2017.
HR and legal information and guidance relating to protection from detriment.