Employment Tribunal Dismisses Menopause Harassment Claim
An employment tribunal has determined that inquiring whether a female colleague is experiencing the menopause does not constitute inherently offensive behaviour and does not amount to harassment under employment law. The ruling emerged from a case brought by Lucie Waller, a programme coordinator at Swann Engineering Group, who sued for sex harassment after her male manager made comments referencing "the change."
Case Background and Allegations
The tribunal, held in east London, heard that Ms Waller worked for the Braintree, Essex-based structural metalwork provider from April 2022. In early 2024, she informed her line manager, Andrew Gregory, about health issues and tests to check if symptoms were linked to perimenopause. When tests returned negative, she updated Mr Gregory.
In June 2024, during a conversation where Ms Waller lost her train of thought, Mr Gregory allegedly asked, "Is someone going through the change?" Later that day, in a busy open-plan office, he reportedly stated, "You're just acting that way because you're going through the change." The tribunal noted Ms Waller was not visibly upset by the first comment, which may have prompted the second remark.
Tribunal Findings on Menopause Comments
Employment Judge Bruce Gardiner dismissed the harassment claim entirely, stating it was not reasonable for Ms Waller to view the comments as violating her dignity. The judge highlighted that office discussions about menopause were common, initiated by Health and Safety Officer Ellie Parnham to foster openness about symptoms.
"The comment itself was not inherently offensive, nor was it made to demean Ms Waller or in an attempt to get others to laugh at her," Judge Gardiner said. He added that Ms Waller had previously shared her perimenopause test results with Mr Gregory, so he was not mocking her health.
Constructive Unfair Dismissal Victory
Despite losing the harassment claim, Ms Waller won a case for constructive unfair dismissal. After complaining to HR about the menopause comments, Mr Gregory began "cold shouldering" her. Despite a pay rise in April 2024, she was placed on a performance improvement plan and moved to a "noisy, smelly, and dusty" office adjacent to a factory.
Judge Gardiner ruled that the menopause comments alone were insufficient for a breach of trust. However, when combined with the performance plan and office relocation, they formed conduct likely to destroy or seriously damage trust and confidence, leading to her resignation in July 2024.
Additional Rulings and Compensation
The tribunal partially upheld a victimisation claim in Ms Waller's favour. Judge Gardiner noted she was "unduly sensitive" due to personal matters at the time. The amount of compensation for her successful claims will be determined in early 2026, pending further proceedings.
This case underscores the complexity of workplace interactions around health issues, balancing genuine inquiries with respectful conduct, while highlighting how cumulative actions can lead to legal breaches even when individual comments are deemed non-offensive.
