Menopause-related constructive dismissal and discrimination claims fail against Experian
An IT consultant who resigned after being placed on performance improvement plans while experiencing menopausal symptoms lost her claims for constructive unfair dismissal and discrimination. The tribunal found Experian's actions were reasonable and not discriminatory.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 4 January 2016 to 28 February 2020, when she resigned.
- She experienced perimenopausal/menopausal symptoms from early 2018, which were later found to be a disability.
- The respondent placed her on an informal performance improvement plan in May 2019 and a formal plan in September 2019.
- The claimant raised a grievance on 15 October 2019, which was not upheld after investigation.
- She resigned on 31 January 2020, citing loss of trust and confidence.
- The tribunal found the respondent did not breach the implied term of trust and confidence and did not discriminate.
Timeline
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Employment started
Claimant began work as an IT business consultant at Experian.
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Menopause symptoms began
Claimant started experiencing perimenopausal/menopausal symptoms.
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Flexible working request
Claimant requested compressed hours to improve work-life balance; approved.
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Performance review and informal PIP
Claimant received a performance rating of 2 and was placed on an informal performance improvement plan.
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Presentation feedback
Manager told claimant 'Jo will pick that apart' during a practice run.
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Sickness absence began
Claimant went off sick with stress, anxiety, and hypertension.
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Grievance raised
Claimant submitted a grievance alleging bullying and discrimination.
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Return to work
Claimant returned from sick leave with a new line manager and modified duties.
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Grievance outcome
Grievance not upheld; recommendations made for mediation and support.
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Resignation
Claimant resigned, citing loss of trust and confidence.
The legal issue
The tribunal had to decide whether Experian's performance management, grievance handling, and return-to-work arrangements breached the implied term of trust and confidence, and whether they amounted to discrimination or harassment on grounds of disability, age, or sex.
The outcome
The tribunal dismissed all claims, including constructive unfair dismissal, discrimination arising from disability, failure to make reasonable adjustments, harassment related to disability, age, and sex, and victimisation.
The key reasons were:
- The performance improvement plans were justified by genuine performance concerns, not the claimant's menopause symptoms.
- The grievance was properly investigated and not upheld, with recommendations for support.
- The return-to-work arrangements were reasonable, and there was no evidence of a breach of trust and confidence.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers can manage performance even when an employee has a disability, as long as the process is fair and based on genuine concerns.
- A properly investigated grievance that results in recommendations for support can help defend against constructive dismissal claims.
- Menopause symptoms may amount to a disability, but that does not automatically make performance management discriminatory.
- Employees who resign should ensure they have exhausted internal processes and have clear evidence of a fundamental breach of contract.
This case illustrates the challenges employees face when trying to link performance management to a disability like menopause. The claimant, an IT business consultant with four years' service at Experian, began experiencing perimenopausal symptoms in 2018. After receiving a performance rating of 2 in May 2019, she was placed on an informal performance improvement plan, followed by a formal plan in September 2019. She raised a grievance alleging bullying and discrimination in October 2019, but it was not upheld. She resigned in January 2020, claiming loss of trust and confidence.
Why the claims failed
The tribunal found that Experian's performance management was based on genuine concerns about the claimant's work, not her menopause symptoms. The informal and formal plans were reasonable steps to address performance issues. The grievance was thoroughly investigated, and although not upheld, the company made recommendations for mediation and support. The return-to-work arrangements after sick leave were also reasonable, with a new line manager and modified duties. There was no evidence that Experian breached the implied term of trust and confidence or treated the claimant unfavourably because of her disability, age, or sex.
What could have been done differently
From the employer's perspective, Experian's actions were largely appropriate. However, the case highlights the importance of ensuring that performance management is clearly documented and communicated as being about performance, not health. For employees, this case shows that raising a grievance and resigning does not guarantee success in tribunal. The claimant needed to show that Experian's conduct was so serious that it fundamentally breached the employment contract – a high bar that was not met here.
Why this matters
This decision confirms that employers can continue to manage performance even when an employee has a disability, provided they act reasonably. It also underscores that menopause symptoms can be a disability, but that does not shield an employee from legitimate performance management. For employees considering a constructive dismissal claim, this case is a reminder that the threshold for a fundamental breach is high, and that a fair process by the employer can defeat such claims.
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