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 include information on Beatt v Croydon Health Services NHS Trust, concerning an employee’s dismissal for making protected disclosures.
The Court of Appeal heard the appeal in the important whistleblowing case Chesterton Global Ltd (t/a Chesterton Humberts) and another v Nurmohamed on 8 June. The Court of Appeal is considering when a disclosure is "in the public interest", a key hurdle for claimants seeking to demonstrate that a disclosure is protected.
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.
Updated to include information on the annual requirement to report on disclosures for prescribed bodies.
Whistleblowers are being offered up to £100,000 in a crackdown on cartels, which has been launched by the Competition and Markets Authority (CMA).
The Government consults on new legislation to protect NHS whistleblowers when applying for NHS roles.
HR and legal information and guidance relating to protection from detriment.