In a recent case heard in the Leeds Employment Tribunal, a Direct Line insurance worker - Maxine Lynskey - was awarded £64,645.07 in damages after winning a disability discrimination claim against her employer.
Maxine Lynskey began her career at Direct Line in April 2016 as a telesales consultant. For the first four years, she excelled in her role and was known for her enthusiasm and dedication to her work. However, in March 2020, Maxine started experiencing symptoms of menopause, including "brain fog," concentration difficulties and emotional fluctuations.
After sharing these challenges with her employer, Direct Line transferred her to a lower-paid role in June 2020, believing it would be less demanding. However, as the menopausal symptoms intensified, Mrs. Lynskey struggled to meet the performance requirements in her new position. Managers described her as "constantly trying to keep her head above water."
Her menopausal symptoms became increasingly debilitating, affecting her ability to concentrate, remember information and communicate effectively. Ms Lynskey also had difficulty navigating computer systems she had used for years. She described herself as "cold and unfriendly" during calls, which was noticed as a stark departure from her previous enthusiastic demeanour.
In January 2021, Maxine's boss, Danielle Wilburn, informed her that she would not receive a pay rise due to her performance being rated as "need for improvement." This decision further exacerbated Maxine's distress and by April, formal performance management proceedings were initiated, resulting in a written warning and a performance improvement plan for Ms Lynskey. Despite her openness about her condition, her boss insisted there were "no underlying conditions" and offered no support.
Ms Lynskey made the decision to resign from her position in May 2022. She subsequently filed a lawsuit against Direct Line, alleging constructive unfair dismissal, sex and age-related harassment, failure to make reasonable adjustments and unfavourable treatment related to her menopausal symptoms.
The Employment Tribunal in Leeds heard Ms Lynskey's case and rendered a judgment that upheld her claims of unfavourable treatment and the need for reasonable adjustments due to her menopausal symptoms. The tribunal found that denying her a pay rise was unfair, considering her condition made improvement challenging. However Ms Lynskey’s claims of constructive unfair dismissal, sex and age-related harassment were not successful,
Employment Judge Jennifer Maria Wade emphasized that Direct Line had "reached the limits" of compassion in supporting Maxine. However the judgment underscored that a less discriminatory approach should have been taken, including occupational health referral or considering alternative roles.
