Media365
For Chantelle Van Vliet, asking for a little flexibility at work became the beginning of a painful legal battle. The 48-year-old beauty therapist had spent more than two decades building a career in the aesthetics industry, working at prestigious spas around the world and, apart from maternity leave, never experiencing a significant period of unemployment. But in 2024, severe menopause symptoms began affecting her daily life and her ability to work late shifts.When she asked her employer for a modest change to her working hours, she believed she was simply asking for support. Instead, she was dismissed days later when the clinic underwent a reorganisation.According to a report by The Independent, an employment tribunal has now awarded Van Vliet £32,237, finding that she had been subjected to disability discrimination.
Her menopause symptoms became increasingly difficult to manage
Van Vliet was employed as a Senior Aesthetic Therapist by Footlaffs Limited in Petersfield, Hampshire, from June 2022.From 2022 onwards, she experienced migraines, hot flushes and recurrent urinary tract infections. According to the tribunal, those symptoms became significantly worse during 2023 and early 2024.In April 2024, she spoke to clinic boss Karen Dodds about what she was experiencing and also discussed hormone replacement therapy.By May, her condition had become difficult enough that she had to take a day off because she “could not cope” with the severity of her symptoms.A week later, she made what appeared to be a straightforward request for workplace flexibility.“I would like to ask for this request to get a better work and family balance,” Van Vliet wrote in an email.“I have also recently started going through the menopause which has really affected me, especially working the later shifts.”She even suggested a three-month trial period, giving her employer an opportunity to see whether the arrangement worked.Her manager said the request would be discussed with Dodds. But, according to the tribunal, Van Vliet never received a further response.
Days later, she was taken off the rota
At the end of May, Van Vliet was informed that she had been removed from the following day’s rota because she supposedly had no clients booked.The tribunal heard that this was not correct and that she did have clients scheduled.The following day, all Footlaffs employees were dismissed for redundancy.However, there was an important difference in what happened next.A large majority of the employees, including the other therapists working in aesthetics, were offered new contracts with a successor business operated by Karen and Stephen Dodds.Van Vliet was the only beauty therapist who was not rehired.No reason was given to her for why she had been left out.
Tribunal finds she was put at a disadvantage
Van Vliet subsequently took the business and Karen and Stephen Dodds to an employment tribunal in Southampton.Employment Judge Jonathan Burns found that there was little evidence to support an alternative explanation for why Van Vliet had not been selected to continue with the new business.The tribunal heard general claims about redundancy but found that there was no detailed evidence of financial, operational or other non-discriminatory reasons for excluding her.Judge Burns also found that Van Vliet’s flexible working request was connected, at least in part, to her disability and that her employers had constructive knowledge of her condition.She had been placed at a “substantial disadvantage” because she struggled to work late shifts due to fatigue, confusion and brain fog.“The flexible working request was in substance a request for a reasonable adjustment for disability,” the judge concluded.He added that allowing her to change her shifts would have been a reasonable adjustment, describing the request as “modest and sensible”.
She was awarded £32,237
Van Vliet won claims involving disability discrimination, wrongful dismissal, deduction of wages, failure to make reasonable adjustments and victimisation.The compensation included £3,228 for unpaid wages, £510 for notice pay, £12,077 for loss of salary and £16,422 for injury to feelings, bringing the final award to £32,237.The tribunal found that losing her job had a severe emotional impact on Van Vliet, affecting her confidence, causing distress and creating difficulties in her family life and everyday functioning.Claims of automatic unfair dismissal and direct discrimination, however, were dismissed.
‘Companies shouldn’t get away with how they treat people’
The case has ended with a legal victory for Van Vliet, but there is another painful uncertainty: whether she will actually receive the money awarded to her.The new company, Always Time To Be Me Ltd, is in voluntary liquidation, leaving Van Vliet unsure about when she will be paid.She is now self-employed and runs her own beauty therapy business.Reflecting on the judgment, Van Vliet said she was angry about how she had been treated.“They’re absolutely awful people,” she said.“They’re now just declaring bankruptcy so I don’t know what’s happening with payment. It’s awful.”But she hopes her case will have a wider impact, particularly for employees who may feel vulnerable discussing menopause symptoms at work.“It’s good to highlight this to other people and employers. Companies shouldn’t get away with how they treat people,” she added.
