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Menopause discrimination case to be appealed

Many women suffer when going through the menopause and they can and do experience difficulties at work.

Mandy Davies brought claims for unfair dismissal and disability discrimination against The Scottish Courts and Tribunals Service (SCTS) after she was dismissed for gross misconduct. She won at the Employment Tribunal. She was awarded more than £19,000 in compensation and SCTS was ordered to reinstate her.

Employment Judge Lucy Wiseman decided that Ms Davies’ condition amounted to a disability under the Equality Act 2010 and that SCTS had not considered the impact of the disability on Ms Davies’ conduct. Whilst only a first instance decision, and therefore one that is not binding upon other tribunals, the case is interesting in its findings and deals with a condition which affects a large part of the UK workforce. Read more about the tribunal decision.

It could well encourage other women to make complaints to the employment tribunal if they feel they have suffered similar discrimination.

SCTS has now appealed to the Employment Appeals Tribunal. This means that in due course we will get a ruling which will be binding upon tribunals.

A Health and Safety report into the incident concluded she had not shown the "values and behaviours" expected of SCTS staff, had shown no remorse, and had brought embarrassment to the organisation. She was later sacked for gross misconduct.

Judge Wiseman ruled that the SCTS had both unfairly dismissed Davies and discriminated against her, particularly as it had failed to consider her disability’s impact on her conduct.

A spokesman for the SCTS said: “We can confirm the SCTS has lodged an appeal with the Employment Appeal Tribunal.””