Direct Line has been ordered to pay a former employee almost £65,000 after it failed to make reasonable adjustments when her role was affected by menopause symptoms.
Maxine Lynskey worked as a telesales consultant at the insurance company between 2016 and May 2022, when she resigned. She then brought a constructive unfair dismissal claim and a claim that the company had breached the Equality Act 2010.
Although her claims of constructive unfair dismissal, sex discrimination and age discrimination were not upheld, complaints of a failure to make reasonable adjustments and a Section 15 complaint – which refers to someone being treated unfavourably because of a disability – were successful.
Lynskey told the tribunal that she had been required to meet “normal” performance standards in her role but struggled to meet them because of menopause symptoms including low mood, anxiety, mood swings, effects on her memory and poor concentration.
Menopause tribunals
Menopausal worker loses sex and disability discrimination claim
The challenges of making menopause a protected characteristic
In June 2020 she was transferred to a different role where she would have fewer targets and complaints to deal with, but this came with a “financial loss for the claimant”, the tribunal heard.
In subsequent months her manager categorised her performance struggles as a “confidence issue” and said she would speak to HR and potentially escalate the situation to a disciplinary matter if she felt Lynskey had spoken to a customer in an unacceptable manner.
Her performance continued to be criticised and in January 2021, she was informed that she would not receive a pay rise because her performance had been rated as “need for improvement”. Direct Line then commenced formal performance management proceedings in April 2021.
Her manager later said the company would no longer continue her sick pay because the level of absence was “unsustainable” to the business, although Lynskey believed she had only used half of her entitlement to paid sick leave at this point.
She was then refused a round of refresher training that had been recommended in an occupational health report, with the business claiming there was no money in the budget to cover this.
The tribunal found that the company could have made eight suggested adjustments for Lynskey to be more successful in her role, pointing to the fact she had been transferred into a different role “under false pretences” rather than supporting her in her existing one.
Direct Line conceded that Lynskey could be considered a disabled person in January 2023, a few months before the initial hearing. The company’s failure to acknowledge this was reflected in her being offered compensation for aggravated damages.
“A profound cause of upset was the respondent’s refusal to accept the claimant’s impairment as mitigation in the disciplinary hearing, a theme which continued in criticising her for ‘not doing enough’ to help her recovery,” the judgment added.
Lynskey was awarded £23,000 for injury to feelings, £2,500 for aggravated damages, and more than £30,000 for loss of past and future earnings, plus interest.
Direct Line responded that they did not wish to comment on the case at this time.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Diversity and inclusion opportunities on Personnel Today
Browse more Diversity and inclusion jobs
