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Detriments

4 min read · Reviewed 21 June 2026

A 'detriment' is the disadvantage at the centre of a victimisation or discrimination claim. The test is lower than people expect — but each detriment still has to be pleaded clearly and tied to a reason.

The test for a detriment

A detriment is any treatment that a reasonable worker might consider to have changed their position for the worse. It does not have to be financial, and it does not have to be serious. An unjustified threat, being excluded, being subjected to a process others were not — these can all be detriments. But an 'unjustified sense of grievance' on its own is not enough: a reasonable worker, not just the claimant, has to see the disadvantage.

In plain terms

Ask: would a reasonable person in my position have felt put at a disadvantage by this? If yes, it is probably a detriment.

Plead each detriment separately and precisely

A common, costly mistake is to roll many complaints into one vague grievance. Instead, list each detriment as its own item: what happened, when, who did it, and — crucially — what makes it connected to the protected act or characteristic. A tribunal decides each allegation; a clear list lets you win the strong ones even if a weaker one falls away.

Lead with the detriment the employer can least easily explain. Keep the weaker, more contestable ones secondary, so a single weak point cannot drag down the whole claim.

Detriment and the reason are different questions

Showing something was a detriment is only half the job. You then have to connect it to the reason — the protected act, or the protected characteristic. Keep the two questions apart in your own mind: first, was this a disadvantage; second, was it because of the protected thing. Mixing them up weakens both.

Where this comes from

  • Equality Act 2010, s.39 and s.27detriment in employment; victimisation
  • Shamoon v Chief Constable of the RUC [2003] ICR 337 (HL)the test: a reasonable worker might consider the treatment a detriment; an unjustified sense of grievance is not enough

Your next step

Read 'Burden of proof' to see how you connect a detriment to its reason.

Related guides

Information, not advice. This guide explains the law in general terms and is not legal advice on your situation. Law can change and every case turns on its facts. For advice, see free help & links.