Tribunal awards compensation following workplace complaint and resignation

An employment tribunal has awarded more than £22,000 to a former employee who successfully argued that she suffered victimisation after raising concerns about comments made by her manager regarding menopause.

The claimant brought claims including harassment related to sex, victimisation and constructive dismissal following a series of workplace events that occurred during 2024. The award included compensation for injury to feelings, loss of earnings, pension losses, interest and a basic award for unfair dismissal.

The case centred on comments made by a manager after the employee briefly lost her train of thought during a workplace conversation. The remarks suggested that menopause might explain her behaviour. At the time, the employee had recently undergone medical investigations relating to perimenopause, which had concluded she was not experiencing the condition.

The employee raised a formal grievance and reported feeling distressed by the situation. She also alleged that relationships at work deteriorated after the complaint was submitted. Concerns were raised regarding changes to her working arrangements, management interactions and subsequent performance management measures.

Following these developments, the employee resigned, arguing that the employer had failed to address her concerns adequately and that trust and confidence in the employment relationship had broken down.

Evidence presented during the tribunal hearing indicated that menopause was a topic that had been openly discussed within the workplace due to awareness efforts and conversations involving other members of staff.

Although the tribunal described the manager’s comments as inappropriate and lacking sensitivity, it determined that they did not amount to unlawful harassment under the Equality Act 2010. In reaching this conclusion, the panel considered the context in which the remarks were made, the workplace culture and the absence of any intention to humiliate or belittle the employee.

The tribunal found that the comments were insufficient to create an intimidating, hostile or degrading working environment or to violate the employee’s dignity as required by the legal test for harassment. However, the tribunal found that aspects of the employer’s response to the grievance process and subsequent treatment of the employee amounted to unlawful victimisation. It concluded that these actions contributed to the circumstances leading to her resignation.

The case highlights the distinction between harassment and victimisation under employment law. Conduct that falls short of the legal threshold for harassment may still expose an employer to liability if an employee is treated unfavourably after raising concerns or exercising workplace rights.

The case also serves as a reminder that employers should ensure managers are properly trained when discussing sensitive health-related issues. Open conversations about topics such as menopause can be beneficial, but they should be handled with professionalism, respect and appropriate awareness of individual circumstances.

Another key lesson concerns the handling of grievances. Employers should investigate complaints thoroughly, communicate clearly with affected employees and take care to avoid any actions that could be perceived as retaliation following the raising of concerns. Should you wish to discuss training for managers, contact 121 HR Solutions on 0800 9995 121.

Tribunal awards compensation following workplace complaint and resignation

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