Bivonas LLP (1) Brown (2) Bechelet (3) v Bennett - establishing "detriment" in obvious cases

Where a tribunal finds plain facts - for example that a memorandum was "offensive and insulting" to a claimant - there can be no doubt that it would be reasonable for a worker to take such treatment as being a detriment; there is no need for the tribunal to decide whether or not the actions amounted to a detriment by assessing how a hypothetical reasonable worker would have reacted.

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