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Discrimination arose in consequence of disability related to menopause symptoms

Makbool Javaid
sexual harassment

In Davies v Scottish Courts and Tribunals Service, D is disabled because of substantial medical problems related to the menopause, including lacking concentration. D noticed the water jug on her desk had been emptied and could not remember if she had diluted her medication into the water. She became concerned when she saw two men drinking water nearby. She approached them explaining her concerns and one of the men became upset. SCTS investigated the matter and although it became apparent that D had been confused and the medication was not in the water, D was dismissed for breaching health and safety rules and SCTS values and behaviours. The ET held that D’s dismissal was unfair and amounted to unfavourable treatment because of something arising in consequence of her disability. Her conduct was affected by her disability because it caused her to be confused and forgetful about whether she had taken her medication and whether she had put it in the water jug. While the SCTS had the legitimate aim of having honest and trustworthy staff, dismissal was not a proportionate response when taking into account the impact of her disability. The ET ordered that D be reinstated to her previous job and be paid £19,000 to account for arrears of pay and compensate for injury to feelings.

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