To be successful in bringing a detriment claim, you will need to demonstrate - 

  • that you suffered a detriment

  • that this detriment is a result of an employer's act or failure to act

  • that the employer's act or failure to act was done against a prohibited act


The Section 48 of the Employment Rights Act 1996 states that claims can be brought to the Employment Tribunal if an employee experiences detriments which are prohibited in the following sections of the Act:

  1. Jury Service (s 43m)

  2. Health and Safety Cases (s 44)

  3. Sunday Working for Shopping and Betting Workers (s 45)

  4. Trustees of Occupational Pension Schemes (s 46)

  5. Employee Representatives (s 47)

  6. Employees Exercising Right to Time Off Work for Study or Training (s 47a)

  7. Leave for Family and Domestic Reasons (s 47c1)

  8. Flexible Working (s 47e)

  9. Study and Training (s 47f)

  10. Employee Shareholder Status (s 47g)