Recent Employment Tribunal decision could give employers (Meno)pause for thought

Karen Farquharson had been employed by Thistle Marine (Peterhead) Limited since 1995. In the summer of 2021 she began experiencing symptoms of the menopause. One of the company’s directors, James Clark, was known to have a dismissive attitude to employees who took time off sick, often referring to them as “snowflakes”.

In December 2022 Ms Farquharson worked from home for 2 days. The first was due to adverse weather meaning she could not get in to work, and the second because she was experiencing heavy bleeding. On the day that she returned to the office, Mr Clark commented that she had “finally turned up”. When Ms Farquharson took issue with the comment, and explained that her menopausal symptoms had made it impossible for her to come to the office, Mr Clark said that “all biddy’s get it”, it was “an excuse for everything” and she should “just get on with it”.

Ms Farquharson then filed a grievance against Mr Clark. Rather than acknowledging the grievance, the company removed her remote access. She then resigned, claiming constructive dismissal.

The Employment Tribunal found that Mr Clark’s comments did amount to harassment and had the effect of violating Ms Farquharson’s dignity. The Tribunal also found that the company’s decision to remove her remote access in response to her grievance severed the relationship of trust and confidence between employer and employee, and allowed her to consider herself to be constructively dismissed.

Ms Farquharson was awarded over £37,000 in compensation.