This case concerns a claimant who was awarded £22k at an employment tribunal after insensitive comments were made by colleagues about her health
The claimant was experiencing some health issues and she mentioned to her line manager that she was undergoing tests to establish if her symptoms were to do with perimenopause, which turned out to be negative.
Around June 2024, the claimant lost her train of thought whilst she was talking with her manager, to which he responded “is someone going through the change”.
The claimant gave evidence to the employment tribunal that her manager continued to push the issue and made comments in the office about her and that she was “just acting that way as you’re going through the change”. The claimant subsequently made a complaint to HR and raised a formal grievance as well as raising the menopause comments.
After raising her grievance, the claimant was moved to a factory office and placed on a performance improvement plan due to concerns around the number of times she was logging onto her computer.
After many attempts to reconcile, the claimant submitted her letter of resignation. This stated specifically: “I do not feel like I have been left with any choice as the company has failed to deal with my grievance of sex discrimination and bullying in the workplace adequately”.
The tribunal found that the manager’s comments about the menopause were insensitive and upsetting, they also found that the comments contributed to a breach of the implied term of mutual trust and confidence. The Judge found that the performance improvement plan and the way it was initiated seriously damaged the relationship and found “there was no reasonable and proper cause to treat the claimant in this way”.
The tribunal awarded the claimant £12,500 for injury to feelings and £6,600 for financial loss as well as £646 for loss of employer’s pension contributions.
The case is a reminder to employers that they and their employees should be cautious when discussing the menopause and to be mindful of making comments around this condition because if the symptoms are long-term and affect day-to-day activities it could be classed as a disability under the Equality Act 2010. This also reminds employers that they should handle complaints sensitively and ensure no retaliatory actions should follow.
For employees, this reminds them that their protected characteristics under the Equality Act 2010 such as sex and disability should be treated with sensitivity from their employer. It also encourages employees that they should speak up if they have any concerns about their treatment if they feel they have suffered discrimination or victimisation.
If you need advice or support regarding discrimination or representation at employment tribunal, speak to our employment law team on 0161 696 6170 or fill in our enquiry form.
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