Client success story: Age and sex discrimination

Our client was undergoing fertility treatment and had informed her workplace because she would need time off for appointments. During this time, her manager made several comments including that she was “too old to have a baby” and “way past it.” He complained about her “banging on about health” and being “lucky to have a job.” The same manager had previously made comments about female staff, including calling a member of staff “eye candy” and suggesting that “the rest of the women on the team need to step up and become more glamorous.” 

 

Our client had been placed on a Performance Improvement Plan, despite this not being in line with the employer's own Performance Management Policy and Procedures. Being on the plan meant she was not eligible for a pay rise in 2023. 

 

Our client lodged grievances about the behaviour of her manager. The employer upheld part of the grievance, accepting that her manager had made comments and failed to offer appropriate support, but did not accept that this was discriminatory. The employer did not offer mediation until she returned to work after a period of leave for stress.  

 

The employer then suggested moving our client to another department. Our client refused, feeling this would suggest to her colleagues and the wider company that she was a ‘troublemaker,’ even though the employer accepted that her manager had made the inappropriate comments. Instead, when she returned to work, her manager prevented her attending team meetings or contacting customers. Her work was re-allocated to colleagues, which prevented her earning contractual bonuses. 

 

The employer was willing to negotiate a settlement, initially offering a settlement of £15,000. Our client felt this was not in line with her wage and lost bonuses. At this time she did not want to leave her job, hoping instead for an apology, resolution and compensation for her losses. She was keen to resolve the matter quickly and move on as the stress was not helpful in her fertility treatment. 

 

She approached Spencer Shaw for advice as Ian had previously represented a family member. She initially intended to instruct Ian but was concerned about the cost of the claim while she was also funding her treatment. Ian suggested that she instruct Sukhii Garcha, our Senior Litigation Executive, to carry out most of the work at a lower hourly rate, with Ian to review work and advise only where needed. This ensured a high standard of work while saving the client money. 

 

Sukhii analysed the client’s documents and identified the strengths and weaknesses in her case. She worked with the client to lodge her claim with the Employment Tribunal. 

 

As the case progressed, our client became willing to leave her job as she felt victimised and was suffering a lot of stress and anxiety. However, her benefits included a medical package which would be invaluable to her fertility treatment, and so she felt she could only leave if she continued to receive medical cover or payment in lieu. 

 

Seeing that the client had a strong claim, the employer was willing to negotiate their settlement offer. Sukhii negotiated with the employer on behalf of our client, emphasising the strengths of her case, the potential outcome at tribunal and the losses our client had suffered. After some discussion, the employer raised their offer to £27,473 to reflect termination payment, 8.5 days holiday pay, and payments in lieu of notice, 3 months health cover and 3 months car allowance. The employer also agreed to provide our client a reference and approval of the internal announcement that she was leaving. 

 

The client was very happy with the service received, finding Sukhii to be empathetic and understanding during an emotional time. She also clearly understood her legal position and options at all times, which helped her to make decisions.  

 

The client started a new, better paid job shortly after her contract came to an end and is happy in her new role.