Questioning colleague about menopause is 'not harassment' or 'inherently offensive', tribunal rules

The employment tribunal, held in east London, heard she worked as a programme co-ordinator for Swann Engineering Group from April 2022, based in Braintree, Essex, providing structural metalwork.

She lost her sex harassment case, with an employment tribunal ruling that it is not offensive to make a genuine enquiry to a female colleague to see if they are experiencing the menopause.

Reports indicate Ms Waller told Mr Gregory in early 2024 that she was experiencing some health issues and had tests done to check whether her symptoms were due to the onset of menopause.

In June 2024, Mr Gregory was alleged to have said “you're just acting that way because you're going through the change” in an open-plan office environment.

She later went to the ladies' toilet where she became upset and emotional due to the comments and because of another personal matter.

Mr Gregory told the tribunal there was a discussion about the menopause that day, but he could not remember making the comments Ms Waller alleged he had.

He said Health and Safety Officer Ellie Parnham started the conversation around the menopause in the office because “she had chosen to be open about the symptoms to encourage others to speak up about their experiences”.

As a result, the tribunal found it was “not unusual for menopause issues to be raised in office conversations".

Ms Waller made a complaint about Mr Gregory's comments relating to the menopause to the HR manager, who subsequently informed Mr Gregory, who told the tribunal he found this complaint "abhorrent".

Mr Gregory then began "cold shouldering" Ms Waller, who despite being awarded a pay rise that April, was then accused of underperforming and moved to the "noisy", "smelly" and "dusty" office next door to a factory.

She resigned in July 2024, saying she felt like she was left with no choice but to resign after her sex discrimination and bullying allegations were "not dealt with adequately".

The menopause comments alone were not enough to win a claim of constructive unfair dismissal, Employment Judge Bruce Gardiner ruled.

“By themselves they would not have been sufficient to amount to a breach of that term”, he said.

She later won a claim for constructive unfair dismissal, where the judge also partially found in Ms Waller's favour over a claim for victimisation.

The amount of compensation she will receive for her successful claims is going to be decided in early 2026.

However, Judge Gardiner dismissed Ms Waller's harassment claim in its entirety, saying it was “not reasonable” for her to regard Mr Gregory's comments as a violation of dignity.

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