Facts

The claimant had worked in retail for a total of 37 years and started her employment with Bonmarche Ltd in 2006. The claimant worked as a supervisor and reported to CB, the store manager. The claimant initially had a good relationship with CB. However, from May 2017 when the claimant became menopausal, his attitude changed. CB started to humiliate her in front of the other younger members of staff.

CB referred to the claimant as a “dinosaur” in front of the customers when she was using the iPad to take online orders. There was also an occasion where CB criticised the claimant for failing to staple two pieces of paper together, suggesting that it was related to her being menopausal. CB made numerous comments about the claimant being menopausal.

In May 2018, Bonmarche Ltd underwent a restructuring exercise which required the staff to reapply for their own jobs. CB asked other members of staff to apply for the claimant’s job. This led to the claimant not feeling valued and like she was being pushed out.

Around December 2017 or January 2018, the claimant tried to discuss the issues around menopause with CB. He refused to speak with her and he also refused to adjust the temperature in the shop to take account of the claimant’s requirements. Subsequently at one point the claimant raised the issue with management. Management informed the claimant that they would deal with the issues, but never did. CB then became aware that the claimant had approached management. CB made his treatment of the claimant worse.  

The claimant suffered a breakdown in November 2018. Paramedics were called after she suffered from a serious panic attack with symptoms similar to a heart attack. The claimant’s GP prescribed her anti-depressants and sleeping pills. The claimant subsequently contacted HR about the situation following her breakdown and it was agreed that she could return to work 4 hours per day, however the claimant’s hours remained full time on the rota and was told she would have to take the reduction in hours as holiday. She resigned on 4 December 2018.

The claimant brought claims of direct age (and sex) discrimination and harassment. She alleged that neither a similarly aged man, nor a younger aged woman, would be treated in the same way.

Decision

The Employment Tribunal held that the actions of CB amounted to direct discrimination and harassment on the grounds of her being female and of menopausal age.

The Employment Tribunal held that that the comments CB made amounted to direct discrimination because they were specifically related to the claimant’s protected characteristic and would not have been made to someone who did not have those characteristics. The Employment Tribunal also held that CB created a hostile environment for the claimant because she was a woman going through the menopause, which amounted to unlawful harassment. No defence or justification was offered; Bonmarche Ltd did not resist the claim.

The Employment Tribunal awarded total compensation of £27,975, comprising amounts for injury to feelings and loss of earnings.

The judgment is available here.

A v Bonmarche Ltd (in administration), Case Number 4107766/2019, 6 December 2019