What Amounts to a Detriment?

Under the Equality Act 2010, if a worker alleges that they have been treated less favourably because of a protected characteristic, for example sex, and they are then treated less favourably and suffer a detriment because they made that allegation, the worker will have been victimised. One question which often arises in victimisation claims is: “What can amount to a detriment?” Some detrimental acts will be obvious, for example not offering a job to a worker because they were pursuing a claim for discrimination. However, some acts may be less so.

In Deer v University of Oxford, the Court of Appeal considered whether the way in which a grievance process was conducted could amount to a detriment, even if this would not have affected the final grievance decision. Ms Deer alleged that she had not been provided a reference by the University because she had pursued a discrimination claim against them a couple of years before. She raised a grievance regarding this and alleged that the University conducted the process in a discriminatory way in that the investigation was defective and certain avenues had not been explored.

The Employment and Appeal Tribunals struck Ms Deer’s claim out in this regard on the basis that as the grievance would have failed however it was conducted, she would not have suffered any detriment. The Court of Appeal disagreed with this assessment, stating if a worker can show that they have been treated less favourably in the way in which the procedures were applied, and the reason for this was the worker being victimised for lodging a discrimination claim, they would have a legitimate sense of injustice which could amount to a detriment. Importantly, the Court went on to state:

The fact that the outcome of the procedure would not have changed will be relevant to any assessment of any compensation, but it does not of itself defeat the substantive victimisation discrimination claim.

What can amount to a detriment, therefore, is fairly wide. Care must be taken when going through any process with a worker who has complained about alleged discriminatory acts. You should ensure that you are not, for example, carrying it out in a less thorough way compared to someone who has not raised such complaints. Any difference in the process could be interpreted as being because the worker has raised these complaints, which could then lead to arguments that they have suffered a detriment as a result.

Director of Legal Services

James Tamm

Whether you’re facing an immediate challenge or just want the reassurance of an expert second opinion, we’re here to offer clear, commercial advice so that you can focus on what you do best.

Our live Client satisfaction rating is currently:

Last Updated:

Urgent Issue?

Why not take a look through our library of carefully created Employment Law documents and templates to see if we have what you need?

More From EW

Combating coronavirus | FREE advice and resources for employers

Our Coronavirus Advice Hub is open now. Get instant access to regularly updated guidance, sample policies, template risk assessments and more.
 
Click to explore what’s available.

Get your FREE demo

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to your organisation. Fill in the form to receive a call from one of our advisers and to discuss how our award-winning Health & Safety software can benefit your organisation.

Or call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Don't want to wait?

You can always call us now on 01244 646 236

Get your FREE employer consultation

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers. Fill in the form to receive a call from one of our advisers and to discuss how we can support your organisation.

Or call us on
0345 226 8393.

Get your FREE demo

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to your organisation. Fill in the form to receive a call from one of our advisers and to discuss how our HR software can benefit your organisation.

Or call us on 0345 226 8393.