A v Bonmarche Ltd (in administration): 4107766/2019 (Employment Tribunal, 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 disparaging treatment of Claimant A by her supervisor weakened her mental state, resulting in a nervous breakdown in November 2018 requiring her to begin anti-depressant treatment.  Her doctors recommended that she work reduced hours.  Her supervisor ignored this request and told Claimant A that if she could not work her full hours, she would be forced to use vacation and sick time to account for the remainder of time.  Her supervisor continued his harassment of Claimant A until the claimant resigned on December 4, 2018.  After her resignation, claimant continued to suffer from severe mental distress and anxiety as a result of her treatment by her supervisor and could not find employment until she accepted a part-time position at a charity shop in September 2019. The respondent employer did not contest the evidence presented by Claimant A and was absent from the proceedings.  The Employment Judge “found it established on the facts that the respondent, by the actions of [her supervisor] for whom they were liable, had treated the claimant less favourably than he would treat someone who was not a female of menopausal age.”  Furthermore, while the claimant had not made a constructive dismissal claim, the Employment Judge accepted claimant’s position that she “resigned as a result of the discrimination against her.” The Employment Judge found that the claimant was entitled to lost wages for the period between her resignation in December 2018 and the start of her new position in September 2019.  The judge also found that the claimant “suffered a substantial reduction in her mental wellbeing as a result of her treatment” and was thereby entitled to damages emanating from injury to feelings.