Unjustified disadvantage

Employer actions can result in an unjustified disadvantage to the employee.

Employees can raise a personal grievance if:

  • their employer does something that affects their employment or conditions of work in a way that disadvantages them and/or makes it harder for them to do their job, and
  • the employer’s action isn’t justified (isn't fair and reasonable or is not in good faith).

Examples could include:

  • not dealing with an issue that has been raised by the employee that makes it harder for the employee to do their job properly eg bullying, harassment, health and safety issues, inappropriate behaviour
  • withdrawing work or not giving work to the employee
  • demotion of the employee into a lower job
  • illegally suspending the employee without pay
  • transferring the employee to another location without consultation
  • giving an unjustified warning.

In some instances, an employee might raise a concern about an unjustifiable disadvantage and if this isn’t dealt with to their satisfaction they may feel that they have no choice but to resign. This could lead to them bringing an action against their employee for constructive dismissal.

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