Employment Law Advisors

What actually counts as "adverse action"?

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"Adverse action" and "general protections" describe the same legal claim, just from two different angles, adverse action is the conduct, general protections is the broader legal framework it sits inside. Understanding what counts as adverse action is the first step to knowing whether you have a claim.

Adverse action generally includes

  • Dismissing you.
  • Demoting you, or changing your role for the worse.
  • Cutting your hours, pay, or duties.
  • Treating you differently to your disadvantage in any other real way.

What makes it unlawful is the reason behind it: if it happened because you exercised a workplace right (complained, took leave, asked about pay, joined a union), that's when adverse action becomes a general protections claim. Tell us what happened and what you'd done shortly before, and we'll help you work out if it fits.

Common questions

No. Demotion, cut hours, a changed role, or other real disadvantage can all count as adverse action, even where you keep your job.

Once you show adverse action happened after you exercised a workplace right, the onus generally shifts to your employer to prove the action wasn't because of that right, which is a genuinely useful protection for employees.

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Tell us what's happened and we'll connect you with the right employment lawyer or adviser.

Tell us what happened

Takes about two minutes. No long intake form, the detail comes later, once a real adviser is involved.

Find out if adverse action applies to your situation