Failure to make reasonable adjustments for menopausal employee was discriminatory, Tribunal finds
An Employment Tribunal has found that an insurance company discriminated against a worker with menopausal symptoms, by failing to make reasonable adjustments for her.
In the case of Lynskey v Direct Line Insurance Services Ltd, the claimant had worked for the respondent insurer since 2016. She was regarded as a strong performer with good performance ratings in her role.
In 2019 the claimant developed menopausal symptoms. She informed her manager that she was experiencing symptoms which were impacting on her ability to retain information and on her emotional stability.
She was then transferred to a different team considered to be a 'better fit' in light of her personal and health circumstances. She began underperforming, and was told she wouldn't receive a pay rise because her performance was rated 'need for improvement'. The insurer then launched a warning and disciplinary process based on the claimant's performance. Her menopausal symptoms were not taken into account during this process.
The claimant ultimately resigned and brought constructive unfair dismissal and Equality Act 2010 complaints against the insurance company.
The Tribunal found that the respondent knew, or ought reasonably to have known that the claimant had become disabled by reason of menopausal symptoms. This being the case, it was unfavourable treatment to score the claimant's performance without factoring in her disability. The respondent failed to make reasonable adjustments for the claimant, and when she was given a disciplinary warning without her health being taken into account, this amounted to unfavourable treatment because of something arising in consequence of disability.
Learning points
This is a first instance decision which is not binding on other tribunals. However it is an interesting decision which demonstrates the circumstances under which it is possible for an employee to become disabled due to menopausal symptoms. Employers in similar situations should seek occupational health advice in order to fully understand the individual's health and any reasonable adjustments that should be made to support them.