Commentary

B. Whistleblowing—The meaning of detriment

Division CIII Whistleblowing
| Commentary

B. Whistleblowing—The meaning of detriment

| Commentary

B.     Whistleblowing—The meaning of detriment

The term 'detriment' is not defined in the ERA 1996 but it is a concept that is familiar throughout discrimination law (see L [476], L [571,01]). In the light of this, it has long been argued that the term should be construed in a similar fashion, in which case a detriment will be established if a reasonable worker would or might take the view that the treatment accorded to them had in all the circumstances been to their detriment. This strong argument was eventually expressly accepted by the Court of Appeal in Jesudason v Alder Hay Children's NHS Foundation Trust

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