Mrs L McCabe v Selazar Limited – Director told to “calm down” and keep her “hormones” in check after whistleblowing.

In Mrs L McCabe v Selazar Limited, a director was told to “calm down … don’t let the hormones get out of control”.

She was awarded £125,604.98 in compensation, which included £20,000 for injury to feelings.

What happened?

Mrs McCabe, a founding director of Selazar Ltd, claimed she was unfairly dismissed after raising whistleblowing concerns about staff wellbeing and corporate governance.

Mrs McCabe was aged 55 at the time of her dismissal.

Selazar said she was dismissed for allegedly misusing confidential information and because of pressure from investors.

Mrs McCabe argued the real reasons for her dismissal were:

• The fact that McCabe had raised protected disclosures.
• Age discrimination.

McCabe alleged that the CEO said McCabe should not let her hormones get ‘out of control’.

Further, two directors allegedly instructed a recruitment consultancy to replace her with “a younger team member.”

McCabe won.

The Tribunal found:

• Selazar had failed to follow a fair disciplinary process.
• There was insufficient evidence that investor pressure justified Mrs McCabe’s dismissal.
• The principal reason for dismissal was Mrs McCabe raising protected disclosures.
• Her age also played a part in the decision, with the Tribunal finding she was viewed as ‘a menopausal woman – that is, an older woman’ when she was told not to let her hormones get ‘out of control’.

Why does this matter?

Age discrimination doesn’t just come in the form of a mandatory retirement age, less favourable treatment, including comments, due to age can give rise to a claim in the Employment Tribunal.

What can HR do to prepare for this?

• Investigate whistleblowing concerns independently and impartially.
• Never subject employees to disciplinary action because they have raised protected disclosures.
• Always follow a fair disciplinary process in line with the ACAS Code of Practice.
• Ensure dismissal decisions are based on legitimate, evidence-based reasons rather than age-related assumptions or stereotypes.
• Keep equality, whistleblowing and disciplinary policies up to date, and provide regular training to managers.

Need help?

At PJH Law we specialise in Employment Law, feel free to call our office on 01780 757589 or visit our website to get in touch!