Keeping up to date
We take seriously our responsibility to keep you up to date so that you can use changes in employment law to commercial advantage. By understanding and interpreting the latest case law and legislation we can deliver updates to you that are concise and usable. With imagination, we are able to ensure that developing law can be used to allow you to achieve commercial solutions, cost effectively and expediently.
‘Menopausal’ employee successfully sues for sex and age discrimination
A senior executive has successfully claimed age and sex discrimination after being described as ‘menopausal’.
Background
The employee had concerns that the company would need to close within four months if further investment wasn’t made – she made these concerns clear to the CEO. The CEO told another colleague that she was only acting like this ‘because she was menopausal’ and then failed to do anything about the concerns for over five weeks. The employee was also removed as a director and threatened with dismissal if she continued to pursue her concerns.
She resigned and brought claims for age and sex discrimination (amongst others). The tribunal found she had been discriminated against because a “male or younger female comparator” would not have had such a comment directed at them.
Practical takeaways
Setting the tone – the obvious takeaway is that comments like this are unacceptable. However, ensuring senior team members set the right tone on topics such as menopause is key to ensuring a zero-tolerance approach throughout the rest of your business.
Education and understanding – a menopause policy is a great way to show your intention to create a culture of understanding, support those who may be experiencing symptoms, and provide your managers with the confidence to deal with situations appropriately and lawfully.
Training – great policies often fail without training to back them up. Around 77% of businesses still don’t train line managers about menopause (let alone the wider business!). Not only does training raise awareness, but it also shows that you’re serious about supporting and educating everyone throughout your business about these topics.