32Meaning of “detriment” and “detrimental action”

32 Meaning of “detriment” and “detrimental action”

32 Meaning of “detriment” and “detrimental action”

(1) In this Act, detriment to a person means disadvantage to the person, including the following—

(a) injury, damage or loss caused to the person,

(b) damage caused to the person’s property,

(c) damage caused to the person’s reputation,

(d) intimidation, bullying or harassment,

(e) unfavourable treatment in relation to the person’s career, profession, employment or trade,

(f) discrimination, prejudice or adverse treatment, whether in relation to employment or otherwise,

(g) disciplinary proceedings or disciplinary action.

(2) In this Act, detrimental action against a person means an act or omission causing, comprising, involving or encouraging—

(a) detriment to the person, or

(b) the threat of detriment to the person, whether express or implied.

(3) To avoid doubt, the following actions are not detrimental action for the purposes of this Act—

(a) lawful action taken by a person or body to investigate serious wrongdoing or other misconduct,

(b) the lawful reporting or publication of a finding of serious wrongdoing or other misconduct, or the lawful making of adverse comment, resulting from investigative action mentioned in paragraph (a),

(c) the prosecution of a person for a criminal offence.