Altering the position of an employee to the employee’s prejudice is a broad additional category of adverse action. It covers not only legal injury but any adverse affect to, or deterioration in, the advantages enjoyed by the employee before the conduct in question.
A prejudicial alteration to the position of an employee may occur even though the employee suffers no loss or breach of a legal right. It will occur if the alteration in the employee’s position is real and substantial rather than merely possible or hypothetical.
In order to determine that a person’s position has been altered to their prejudice, it must be found that:
- the employee is, individually speaking, in a worse situation after the employer’s acts than before them
- the deterioration has been caused by those acts, and
- the acts were intentional in the sense that the employer intended the deterioration to occur.