An insurance company in the UK has been ordered to pay a former employee almost £65 000 after failing “to make reasonable adjustments” when her role was affected by her menopause symptoms, and led to performance struggles.
Maxine Lynskey had worked as a telesales consultant at the company, Direct Line, between 2016 and May 2022, before she resigned.
She then brought a constructive unfair dismissal claim and a claim that the company had breached the Equality Act, reports Personnel Today.
Although her claims of constructive unfair dismissal, sex discrimination and age discrimination were not upheld, complaints of a failure to make reasonable adjustments and a Section 15 complaint – when someone is treated unfavourably because of a disability – were successful.
Lynskey told the tribunal she had been been required to meet “normal” performance standards in her role but struggled, because of menopause symptoms including low mood, anxiety, mood swings, effects on her memory and poor concentration.
In June 2020, she was transferred to a different role where she would have fewer targets and complaints to deal with, but this came with a “financial loss for the claimant”, the tribunal heard.
In subsequent months her manager categorised her performance struggles as a “confidence issue” and said she would speak to HR and would also potentially escalate the situation to a disciplinary matter if she felt Lynskey responded to customers in an unacceptable manner.
Her performance continued to be criticised and in January 2021, she was told she would not receive an increase because her performance had been rated as “need for improvement”.
The company started formal performance management proceedings in April 2021.
Her manager later said the company would no longer continue her sick pay because the level of absence was “unsustainable” to the business, although Lynskey believed she had only used half of her paid sick leave up to this point.
She was then refused a round of refresher training that had been recommended in an occupational health report, with the business claiming there was no money in the budget to cover this.
The tribunal found the company could have made eight suggested adjustments for Lynskey to be more successful in her role, pointing to the fact she had been transferred into a different role “under false pretences” rather than supporting her in her existing one.
Direct Line conceded that Lynskey could be considered a disabled person in January 2023, a few months before the initial hearing.
The company’s failure to acknowledge this was reflected in her being offered compensation for aggravated damages.
Lynskey was awarded £23 000 for injury to feelings, £2 500 for aggravated damages, and more than £30 000 for loss of past and future earnings, plus interest.
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Rise in menopause cases before UK employment tribunals
Menopause leave trial rejected by UK Ministers
Lawmakers call for NHS to offer free menopause checks
Britain launches ‘menopause taskforce’ to tackle workplace taboos