A broken system: general pains for employers with adverse action claims

Many businesses have had to deal with the cost, disruption and trouble caused by a claim that the business has allegedly taken adverse action against an employee because the employee exercised a workplace right or had a protected attribute.

Experience tells us that often the claim is made before or during a disciplinary or performance management process. Invariably, the claim is made because the employee is unable or unwilling to accept or acknowledge their own failings and contribution to their current circumstances. Rather than accept the situation, or respond constructively, the employee alleges the action must have been taken because of some unlawful motives. The employment relationship becomes strained.