An English teacher who was fired after her menopause symptoms worsened amid a dispute over moving to a different school has been awarded more than £60,000 for unfair dismissal. Allison Shearer won her employment tribunal against South Lanarkshire Council at a hearing in Glasgow.
Background of the Case
Mrs. Shearer, based at Clydesdale Support Base in Carluke, worked with pupils with additional needs. She was told she would be moved to Kear School in Blantyre after she disagreed with a plan to allow a pupil with asthma to vape in every class. In the disagreement, she expressed to headteacher Neil Govan that she did not want to move to a school with high levels of violence, fearing it would exacerbate her blood pressure and menopause symptoms.
Despite her health concerns, the tribunal heard that they were ignored, and she was later dismissed. Mr. Govan had suggested that supervising the pupil’s vaping was part of the teaching staff’s duty of care to pupils. Mrs. Shearer objected, citing the risk of injury, particularly given the pupil’s asthma condition.
Tribunal Findings
The tribunal found no evidence supporting the claim that moving Mrs. Shearer out of her role was a “punishment beating” for her objection. At the time, she was on medication for high blood pressure, anxiety, low mood, and menopausal symptoms. The move caused her significant anxiety, as she believed she would face violence and lack support at Kear School. The tribunal documents highlighted her concerns about her health worsening and her anxiety and low mood becoming unmanageable.
Mr. Govan’s response to an occupational health report on her situation was described as “dismissive, intransigent, and unhelpful.” While on sick leave, Mrs. Shearer was called to a capability meeting with an ultimatum to move to a permanent supply teaching role or a school for pupils with severe disabilities, which she felt unqualified to handle.
Legal Context: The Equality Act 2010
Under the Equality Act 2010, menopause can fall under the definition of a disability if its symptoms have a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. In Mrs. Shearer’s case, her menopause symptoms, combined with high blood pressure and anxiety, constituted significant health issues that were not adequately considered by her employer.
The Act prohibits discrimination based on disability, including dismissal, failure to make reasonable adjustments, and indirect discrimination if a practice puts those with a disability at a disadvantage. The tribunal concluded that South Lanarkshire Council failed to make reasonable adjustments for Mrs. Shearer’s health conditions and dismissed her unfairly.
Conclusion
The judge ruled that “no reasonable employer would have insisted” Mrs. Shearer teach at Kear School, given the impact on her health. She was awarded £61,074.55 for unfair dismissal, loss of earnings, and compensation for injury to feelings. The court recognised her as a “talented, experienced and successful teacher of English” who would likely find another job near her home in East Renfrewshire.