Scotland

Claimant A, a salesperson at a department store, alleged that her supervisor discriminated against her for being a woman of menopausal age.  The claimant had worked in retail for 37 years and had received multiple awards for being a top performer.  While she initially got along with her supervisor, in May 2017, when the claimant was going through menopause, her supervisor’s attitude towards her changed.  Her supervisor would frequently harass and humiliate her in front of her colleagues and customers, specifically commenting about her menopause.

The Domestic Abuse Act (Scotland) of 2018 came into force on April 1, 2019. It modifies and expands upon portions of the Criminal Procedure (Scotland) Act of 1995. The act expands the definition of domestic abuse to include psychological abuse and coercive and controlling behavior.  It criminalizes both psychological and physical harm directed to a partner or an ex-partner.

The appellant was accused of assaulting two partners over an extended period of time. He was charged with sexual assault, and assault of complainant (K); and contraventions of s.39(1) of the Criminal Justice and Licensing (Scotland) Act 2010, assault, rape, and attempted murder of a second complainant (J).