Removing the threat of dismissal when facing the sack due to symptoms of the menopause

Recruitment consultant Gina knew she was not performing at her best and it had not gone unnoticed by her employer who considered dismissing her as a result.

Gina had been through a lengthy performance management process, and her employer decided she had failed to make the required improvements.

Company policy was the final stage of the process, at which dismissal would be considered, would be a disciplinary hearing.

So when Gina, who had worked for her employer for nine years, was notified to attend a disciplinary hearing she was understandably fearful.

Worried Gina spoke to a trusted colleague to seek some advice and help.

Her workmate, who had previously been supported by one of our representatives in a dispute over her holiday entitlements, suggested Gina seek expert assistance.

The colleague gave Gina the contact details for our Employee Support Centre.

Gina was honest and open with our representative and told him that in the previous eight months she had really struggled in work.

She believed her employer had not been supportive and had handled the situation appallingly.

Gina explained she did raise a grievance because she felt bullied by her manager and the way in which he had conducted the performance management process. The grievance was heard and rejected.

When Gina explained her case to our representative she told him she was going through the menopause and really struggling with the symptoms.

Our representative immediately knew it was significant and would be fundamental in the case. He wanted to understand and establish what the employer knew and when.

Gina provided our representative with a copy of an occupational health report, which was carried out when she took a period of long-term sick leave.

The medical report had been sent to the employer many months before the disciplinary hearing.

The report detailed that Gina was going through the menopause. It documented symptoms she was experiencing e.g. hot flushes, anxiety and brain fog.

The report included recommendations such as discussing with Gina what help, support or adjustments would benefit her.

Our representative enquired if such a discussion ever took place between Gina and her employer and what was agreed and put in place.

Gina said the response was effectively that she could take a break whenever she needed to.

Our representative also looked closely at the performance management process.

The Performance Improvement Plan (PIP) was originally put in place for four weeks.

Although it was put on hold when Gina was off ill, it had continued for many months afterwards.

Our representative maintained at the disciplinary hearing the process Gina was being put through was protracted and unfair, and discriminatory because it was for  matters that can be considered to be directly related to the menopause.

Gina’s case occurred some months after the Equality and Human Rights Commission issued guidance that employers have a legal obligation to consider adjustments for employees affected by menopause symptoms in the workplace. Employers must make reasonable adjustments when an employee's symptoms amount to a disability.

Our representative referred to the occupational health report and asserted the employer’s failure to make reasonable adjustments was inexcusable, as it was aware of the impact of the menopause symptoms and had failed to provide any meaningful support.

The incredibly harmful impact of the performance management process and stress and fear it caused Gina at a time when she was extremely vulnerable were made clear by our representative.

Our representative in a comprehensive presentation of Gina’s response to the disciplinary case acknowledged the employer’s concerns.

However, the employer was urged not to take any disciplinary action and to instead carefully, sensitively and fairly review the case and take a more supportive approach to address any genuine performance concerns.

Following the hearing the company confirmed no disciplinary action would be taken against Gina. The employer also vowed to work with Gina to establish how best to support her, and to ensure all managers are trained to support staff going through the menopause.