The Equality and Human Rights Commission (EHRC) is supporting an employment tribunal claim by a social worker who alleged that she had no choice but to resign from Leicester City Council because of how it handled her sickness absence relating to menopause.
A Claim of Menopause Discrimination
Ms Rooney, a social worker, suffered from menopause symptoms (including insomnia, migraines, fatigue and palpitations) for over two years, as well as anxiety and depression. This resulted in her taking extended sick leave from her job at Leicester City Council.
She was given a formal warning from her employer over her absences, despite disclosing the menopause symptoms she was suffering. Although she tried to appeal her manager’s decision, the appeal was not upheld and she felt she had no choice but to resign. She subsequently claimed discrimination, harassment and victimisation on the grounds of disability and sex. Ms Rooney also claimed that she received unfavourable treatment related to her absences, including inappropriate comments about her menopause symptoms.
“Menopause Symptoms Can Amount to Disability,” says EHRC
At first instance, an employment tribunal held that she was not disabled for the purposes of Section 6 of the Equality Act 2010 (EA) on the basis that she did not meet the prerequisite for the condition to have a ‘substantial, long-term impact on her day-to-day activities’. However, on appeal, the Employment Appeal Tribunal overturned that decision, finding that it was possible for menopause symptoms to amount to a disability for the purposes of the EA, thus triggering obligations on employers to make reasonable adjustments. This is the first time that menopause symptoms have been considered a disability under the EA.
Leicester employment tribunal is now hearing claims that Ms Rooney was discriminated against, harassed and victimised by Leicester City Council on the grounds of disability and sex. Baroness Falkner, speaking on behalf of the EHRC stressed that menopause symptoms can significantly affect someone’s ability to work and that employers have a responsibility to support employees going through menopause. She also revealed that the EHRC would soon be releasing new guidance for employers to ensure proper support for employees going through menopause.
Takeaway for Employers
Earlier this year, the government decided against reforming the existing legal framework for employees experiencing menopause. However, menopause continues to receive increased media attention and there has been a rise in grievances and tribunal claims connected to the treatment of women with menopausal symptoms.
Employers should create a supportive and respectful working environment for employees experiencing the menopause. Consider training managers on exercising care and sensitivity when dealing with employees who raise concerns connected with menopause. Also, be mindful that you may have an obligation to make reasonable adjustments and make changes where possible such as altered working days/hours/remote working or implement environmental changes such as providing desk fans or temperature control.
If you have any questions about work and menopause, please contact our experienced employment solicitors via email.
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