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
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
Updated to include information on the FCA and PRA's consultation on the whistleblowing requirements for UK branches of overseas banks and insurers.
Updated to include information on the Advocate General's opinion in Parris v Trinity College Dublin and others, concerning a same-sex partner's entitlement to a survivor's pension.
Education England recently introduced whistleblowing protection for junior doctors. This forms part of a growing trend towards increased protection for those who make disclosures, argues Sean Dempsey from Lewis Silkin.
This chapter of the Employment law manual has been updated to cover the key points of the new whistleblowing rules for the finance sector that came into force on 7 September 2016.
Updated to include information on McTigue v University Hospital Bristol NHS Foundation Trust, concerning the treatment of the hirer of an agency worker as an employer, and on Royal Mail Group Ltd v Jhuti, relating to the motivation of the individual dismissing the whistleblower.
Recent whistleblowing legislation changes have not made it easier for employees to disclose wrongdoing without risking accusations of disloyalty or damaging their career prospects, says Beverley Sunderland. She looks at how employers can better support a whistleblowing culture.
In McTigue v University Hospital Bristol NHS Foundation Trust, the Employment Appeal Tribunal (EAT) explored the rights of agency workers to blow the whistle and set out guidance to assist tribunals.
The Employment Appeal Tribunal (EAT) has held that where the terms of an engagement have been substantially determined by both the employer agency and the end user, both are capable of being the individual's employer for the purposes of the whistleblowing legislation.
HR and legal information and guidance relating to protection from detriment.