Suffering a detriment

To succeed in a claim for direct discrimination, the claimant must be able to show that they have suffered a detriment. The term “detriment” is not defined, but it is a very wide concept. Very few cases of direct discrimination will not also result in a detriment. There will be a detriment if a reasonable worker could feel that they have been disadvantaged by the less favourable treatment. There is no need to show actual economic disadvantage.

Examples of detriment might include withholding training or promotion opportunities, engaging in closer monitoring or surveillance, bullying or ostracism, blocking access to resources, involuntary transfer, demotion, suspension, being placed on a formal performance review plan, a disciplinary warning or dismissal. A feeling of upset, unfairness or injustice at being targeted with less favourable treatment linked to a protected characteristic can be a detriment.