Admin worker successfully sues male boss for menopause discrimination

An admin worker whose male boss ignored her complaints that she was suffering from ‘Old Lady Disease’ has successfully sued him for menopause discrimination.

Marie Johnson asked to work a four day week saying the condition had a ‘profound’ impact on her ‘day to day activities’ and likening it to feeling as if she had ‘a goldfish bowl on her head’.

But boss Martin Johnson turned down the request after after failing to ask her how the menopause was affecting her as he ‘thought he wouldn’t understand it’, an employment tribunal was told.

This led to Mrs Johnson resigning after 27 years at the ‘predominantly male’ crane rental business she worked at.

Marie Johnson has successfully sued her male boss at crane company Bronzeshield Lifting (pictured) for menopause discrimination

Representing herself at the tribunal, she then successfully sued her bosses for disability discrimination and unfair dismissal with a judge criticising Mr Johnson’s lack of interest in the menopause.

The hearing in Croydon, south London was told Ms Johnson joined Bronzeshield Lifting in Dartford, Kent, in 1995.

The administrator first became menopausal in early 2018 and her symptoms included a low mood and volatile emotions, anxiety and low self-esteem, and fatigue.

Ms Johnson told the panel she suffered from ‘brain fog’ which she likened to having ‘a goldfish bowl on her head’ and her menopause affected her resilience and ‘ability to cope with the stresses and strains of daily life and work’.

At the time, the mother of two grown up children was also going through ‘some challenging things’ – including caring for her elderly parents and uncle.

In August 2021, Ms Johnson approached her bosses and asked them to reduce her working days so she was no longer working Monday to Friday, 9am to 4pm.

Ms Johnson asked to amend her working hours and reduce them to a four day week in order for her to attend a course on Wednesdays.

The administrator said: ‘With both my children now grown up, I am no longer restricted to times, but at the same time with the above in mind, I am at a point in my life (coping with the Old Lady Disease) that I need to reconsider my future.’

Her request was approved and from September 2021 to July 2022 Ms Johnson did not go to work on a Wednesday.

Then, the administrator asked to alter her working hours again, this time taking Friday off and working a half day on Thursday.

Ms Johnson said this was due to ‘change in my circumstances’ in relation to ‘my elderly parents and my menopause issues’.

She told her bosses: ‘I do not feel that I can return to work for the five days as a I used to.’

The tribunal highlighted that the businesses office was near to the Dartford tunnel and a number of major roads including the M25 thus making it a ‘traffic blackspot’ which was ‘especially bad on Fridays’.

The hearing in Croydon, south London was told Ms Johnson joined Bronzeshield Lifting (pictured) in Dartford, Kent, in 1995

Ms Johnson lived just 10 minutes away from her office but this journey would take up to an hour or more on busy days.

On July 7 2022, a meeting took place between Ms Johnson, Executive Director Mr Jones and HR Consultant Rebecca French regarding her request.

Ms Johnson told bosses her ‘mental health is not the same as it was as a result of the menopause’ and said she needed Fridays off as no one else in her family was available on this day to help care for her elderly parents.

The administrator also highlighted how the traffic was particularly bad on a Friday and said she needed to leave work before 5pm as she was concerned about traffic and getting home late.

READ MORE: Heart health warning for women going through the menopause as study finds plunging oestrogen levels can trigger plaque build-up in arteries 

In response, Mr Jones told his employee that ‘Friday could be the business’ busiest day’ and suggested she should instead take carer’s leave if needed.

Both Mr Jones and Ms French said they entered the meeting with the hope of reaching a ‘compromise’ with Ms Johnson whereby she works four days a week, and can take any other day apart from Friday off.

But Employment Judge Daniel Dyal said ‘no indication’ that this was an option was given to Ms Johnson who made it clear that Friday had to be the non-working day.

Her application to take Friday off was rejected by letter, which also referred to a website with information about menopause.

The tribunal accepted that taking Fridays off would be ‘problematic’ for the business but also highlighted how Ms Johnson was ‘struggling with work because of the mental health symptoms arising from menopause’.

EJ Dyal said her ‘general resilience and ability to cope with life and work had reduced’ and her menopause made the ‘awful’ traffic on Fridays ‘harder to cope with’.

Also, the tribunal noted the ‘challenges’ of caring for her elderly parents, adding: ‘We accept this evidence which is essentially consistent with having a reduced ability to cope with the stresses and strains of normal day to day life.’

Ms Johnson resigned on July 10, and wrote: ‘It is disappointing to note that as my circumstances are changing with my menopause and elderly parent situation, that none of the above has been taken in to consideration…’

The administrator sued bosses for unfair dismissal, and disability discrimination.

Upholding her claim of disability discrimination, EJ Dyal said Mr Jones’ did not ‘know much about menopause’.

‘[His] evidence was that he did not know much about menopause. His evidence was also that he did not ask [Ms Johnson] about it when dealing with her request. He said he did not do so because he would not understand.’

He added: ‘He is an intelligent man and he was of course in fact able to understand menopause symptoms if he asked someone about them and they explained them to him in an ordinary way.

‘There is nothing inordinately difficult to understand.

‘What was needed was not some scientific understanding, but simply how menopause affected [Ms Johnson’s] day to day in life and at work.

‘That was easily within Mr Jones’ comprehension.’

EJ Dyal said Mr Jones did not take ‘into account’ her disability of menopause.

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