• Robert Spicer

Disability discrimination: menopausal symptoms

DISABILITY DISCRIMINATION

Menopausal symptoms

Case Davies v Scottish Courts and Tribunal Service (2018) ET (Scotland) S/4104575/2017

Facts D, a court officer, was suffering from a range of pre-menopausal symptoms. Her medication had to be dissolved in water. While she was in court, she noticed that two members of the public were drinking water from the jug. She could not remember if she had placed her medication in the jug and she told the men that the water might have medication in it. One of them lost his temper and blamed D for losing his case. The water would have been pink if it contained medication and the employer found that D had lied and had failed to uphold the court’s code and values. She was summarily dismissed for gross misconduct and complained of unfair dismissal and disability discrimination.

Decision 1. The dismissal was unfair.

  1. There was discrimination arising from disability. The unfavourable treatment was the dismissal, caused by D’s conduct which was affected by her disability, which had caused her to be confused and forgetful. It had not been proportionate to dismiss D while failing to have regard to her disability. Other measured, for example a warning, had been available.

  2. Reinstatement and compensation of £5000 for injury to feelings were ordered.

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