And speaking of retreating to an island brings me to the case of Waller v Swann Engineering Group Ltd 2025 and some line manager banter that would be frowned upon even in the hollowed out volcano.

Ms Waller joined Swann Engineering Group Ltd on 11 April 2022 as a Programme Co-ordinator and continued in this role until she submitted her resignation on 22 July 2024, providing one month’s notice, which brought her employment to an end on 22 August 2024.

In early 2024, Ms Waller experienced some health issues and underwent tests to check whether the symptoms were due to onset of the perimenopause. She shared this with HR and her line manager, Mr Gregory. The tests ultimately proved negative and that assessment was also shared with her line manager.

On 3 June 2024, during a conversation with her line manager, Ms Waller lost her train of thought while discussing something with him. Ms Waller alleged that he then said to her, "Is someone going through the change?" referring to the menopause. On the same day, he is also said to have made a comment in a busy open-plan office, stating, "You're just acting that way because you're going through the change."

The Employment Tribunal heard that the combination of these two comments caused her to feel upset and emotional, not least because she had recently discovered she was pregnant. However, she did not inform her line manager that she had been upset and, sadly, a short while later, Ms Waller miscarried.

On 20 June 2024, the HR Manager messaged Ms Waller regarding the company’s dress code, following up on a conversation with her line manager. The message stated that flip-flops and/or sliders were not acceptable and asked Ms Waller to change her footwear to comply with company policy. She was warned that failure to follow company procedures could result in further action.

In response, Ms Waller explained that her line manager had not spoken to her about the dress code and clarified that she had two severely painful big toenails, which made wearing shoes almost impossible. She also mentioned that she could not afford to buy new shoes until payday and requested permission to wear trainers in the meantime.

The HR Manager asked Ms Waller to provide a doctor's note with any footwear recommendations, to which Ms Waller replied that she had not seen a doctor. It was agreed that she could wear smart black trainers until payday, but she was reminded that after this period, the correct footwear must be worn, and failure to comply could result in further action.

Ms Waller pointed out that both her line manager and another colleague wore trainers daily and questioned why she was being treated differently, suggesting that the way she was being treated was discriminatory.

Following this incident, Ms Waller raised a formal grievance against her line manager. In her grievance, Ms Waller stated that her line manager was causing her to feel “anxious and upset about coming into work” and that he had been giving her “the silent treatment for about two months, which has created an awkward atmosphere in the workplace”.

On 12 July 2024, Ms Waller took sick leave related to her mental health. She had been prescribed antidepressants and referred for counselling.

In the following weeks, Ms Waller was placed on a Performance Improvement Plan (PIP) due to suggestions that she had been repeatedly late. She was also moved to a factory office.

Ms Waller found the new office a very difficult place to work due to the noise, fumes, and unpleasant smells, as well as frequent interruptions when people entered and exited the office.

Ultimately, on 22 July 2024, Ms Waller submitted a letter of resignation in which she stated: “I do not feel like I have been left with any choice as the company have failed to deal with my grievance of sex discrimination and bullying in the workplace adequately, have been therefore unable to provide me with a safe place to work and have breached my contract of employment. My position within the business is now untenable. I have sought advice from ACAS who have advised me to submit my resignation on the grounds of constructive dismissal.”

Ms Waller submitted a fit note, which signed her off work for two weeks. After this period, she did not return to work.

Ms Waller subsequently filed claims with the Employment Tribunal on the grounds of constructive unfair dismissal, victimisation and harassment.

The ET found that Ms Waller’s line manager’s comment about “going through the change” were insensitive and upsetting to her. Additionally, these contributed to a course of conduct that amounted to a breach of the implied term of mutual trust and confidence. Furthermore, the decision to place her on a PIP, and the manner in which it was carried out, seriously damaged the relationship of trust and confidence. Moreover, the environment in the factory office to which she had been reassigned was not conducive to efficient working. The ET concluded that these points, amongst others, taken together, amounted to a fundamental breach of her employment contract and destroyed the relationship of trust and confidence.

The claims of victimisation and harassment were dismissed. There will be a remedy hearing in due course to decide on compensation.

This case serves as a reminder that discriminatory remarks and inadequate workplace conditions can result in serious legal consequences for employers. Insensitive comments and poor handling of performance management can breach the duty of trust and confidence, ultimately leading to constructive dismissal.