12th February, 2024

Louise Quigley successfully defends NHS Trust in Menopause discrimination claim

Louise Quigley successfully represented a NHS Trust in defeating a complex menopause sex and disability discrimination claim. The Claimant was suffering from extreme menopause symptoms which were deemed to be a disability.

The Claimant claimed that she had been directly discriminated because of her menopause by other female colleagues who disbelieved her symptoms and falsely accused her of aggressive behaviour and "using the menopause as an excuse". She also claimed associative indirect disability and sex discrimination for a failure to allow home working during the pandemic.

The Tribunal made findings that the Claimant had in fact behaved aggressively to colleagues, unreasonably took offence when issues were raised and that her behaviour was not due to "something arising in consequence of her disability". It accepted that the comments she had "used the menopause as an excuse" was because of her conduct, not her disability and colleagues were entitled to express their honest and accurate views about her conduct and were not harassment.

 

Photo of Louise Quigley

The Tribunal accepted that in light of the revised Section 19A Equality Act 2020 that indirect associative discrimination was permissible in law but that the Claimant had to share the group disadvantage, which she did not.  Further, the Tribunal accepted that the Tribunal could not take judicial notice of the fact that woman were more likely to have caring responsibilities due to the pandemic as the burden of caring materially changed and could not be said to be gender biased in those circumstances.



Latest News...

Christopher Kennedy KC appointed as a Deputy High Court Judge

26th February, 2024
Chambers are delighted to announce our Head of Chambers Christopher Kennedy KC has been appointed as a Deputy High Court Judge by the Lady Chief Justice of England and Wales.

Costs in the Employment Tribunal... a warning...

21st February, 2024
It's rare for the Tribunal to make a costs order against a Claimant and even rarer when that Claimant is unrepresented. However, if your claim is wholly without merit and you treat the Tribunal, the witnesses and the lawyers with contempt, then the Tribunal can and will exercise its powers to make an order for costs under rules 75 and 76 of the 2013 Regulations.

Louise Quigley successfully defends NHS Trust in Menopause discrimination claim

12th February, 2024
Louise successfully represented a NHS Trust in defeating a complex menopause sex and disability discrimination claim.