[UK] Tribunal hears first menopause discrimination case

For the very first time, a woman who has allegedly experienced discrimination due to suffering menopause symptoms will be heard by the employment tribunal in the UK. She intends to allege that her menopause symptoms amount to a disability under the Equality Act. Lexology had further details of the case.

Baroness Falkner - the UK’s Equality and Human Rights Commission chair - has stated that employers "have a responsibility to support employees going through the menopause – it is to their benefit to do so, and the benefit of the wider workforce."

Claire Tait and Megan Huws from Capital Law LTD’s employment team shared advice with Lexology on how employers should manage such situations and avoid any claims of discrimination.

October is World Menopause Month, menopause reportedly affects 51 per cent of the UK population and three in five menopausal women are negatively affected at work. BUPA found that almost 900,000 women in the nation have left jobs as a result of menopausal symptoms, demonstrating the serious impact it can have on lives.

According to Lexology, Maria Rooney - a children’s social worker - took sick leave from her job at Leicester City Council due to her symptoms. She claimed that the council failed to consider the reasons for her absence or for any adjustments to be made so she could continue working after her return. 

In 2018, Ms Rooney resigned because of unfavourable treatment and discrimination which she alleges was constructive dismissal. She will be the first in the UK to bring a tribunal case to consider the symptoms as a disability and its outcome will reportedly be pivotal for UK Employment law.

ACAS says anyone put at a disadvantage or treated less favourably because of their menopause symptoms can make a discrimination claim if it is connected to a protected characteristic which amounts to a disability under the Equality Act.

Employer considerations

Managing the effects of menopause at work is essential for employers and their staff. Skilled and experienced women should not feel forced to leave the workforce because of menopause symptoms, so what should employers be doing to better support women in the workplace?

They must reportedly consider the duty of care that the organisation owes its employees, together with the general wellbeing of staff, and sensitively handle situations as they arise. Lexology outlines steps employers can take to build a workplace where women are supported and to avoid any risk of discrimination:

• Provide workplace support to women experiencing menopause symptoms to improve the inclusiveness of your workplace environment, enable the right conversations and remove the stigma around women’s health issues
• Develop a menopause policy that explains how menopause impacts people differently at work and raises awareness among employees, both male and female, to show what support is available
• Provide awareness training for managers including how to deal with the subject with sensitivity and fairness
• Tactfully and empathetically communicate with those experiencing health issues, conducting regular welfare checks
• Explore practical changes at work that could help staff manage their symptoms such as the availability of cold drinking water and temperature control
• Implement a conduct policy on discrimination to clearly establish acceptable and unacceptable behaviour
• Signpost where to find support beyond the organisation.

Source: Lexology

(Quote via original reporting)

For the very first time, a woman who has allegedly experienced discrimination due to suffering menopause symptoms will be heard by the employment tribunal in the UK. She intends to allege that her menopause symptoms amount to a disability under the Equality Act. Lexology had further details of the case.

Baroness Falkner - the UK’s Equality and Human Rights Commission chair - has stated that employers "have a responsibility to support employees going through the menopause – it is to their benefit to do so, and the benefit of the wider workforce."

Claire Tait and Megan Huws from Capital Law LTD’s employment team shared advice with Lexology on how employers should manage such situations and avoid any claims of discrimination.

October is World Menopause Month, menopause reportedly affects 51 per cent of the UK population and three in five menopausal women are negatively affected at work. BUPA found that almost 900,000 women in the nation have left jobs as a result of menopausal symptoms, demonstrating the serious impact it can have on lives.

According to Lexology, Maria Rooney - a children’s social worker - took sick leave from her job at Leicester City Council due to her symptoms. She claimed that the council failed to consider the reasons for her absence or for any adjustments to be made so she could continue working after her return. 

In 2018, Ms Rooney resigned because of unfavourable treatment and discrimination which she alleges was constructive dismissal. She will be the first in the UK to bring a tribunal case to consider the symptoms as a disability and its outcome will reportedly be pivotal for UK Employment law.

ACAS says anyone put at a disadvantage or treated less favourably because of their menopause symptoms can make a discrimination claim if it is connected to a protected characteristic which amounts to a disability under the Equality Act.

Employer considerations

Managing the effects of menopause at work is essential for employers and their staff. Skilled and experienced women should not feel forced to leave the workforce because of menopause symptoms, so what should employers be doing to better support women in the workplace?

They must reportedly consider the duty of care that the organisation owes its employees, together with the general wellbeing of staff, and sensitively handle situations as they arise. Lexology outlines steps employers can take to build a workplace where women are supported and to avoid any risk of discrimination:

• Provide workplace support to women experiencing menopause symptoms to improve the inclusiveness of your workplace environment, enable the right conversations and remove the stigma around women’s health issues
• Develop a menopause policy that explains how menopause impacts people differently at work and raises awareness among employees, both male and female, to show what support is available
• Provide awareness training for managers including how to deal with the subject with sensitivity and fairness
• Tactfully and empathetically communicate with those experiencing health issues, conducting regular welfare checks
• Explore practical changes at work that could help staff manage their symptoms such as the availability of cold drinking water and temperature control
• Implement a conduct policy on discrimination to clearly establish acceptable and unacceptable behaviour
• Signpost where to find support beyond the organisation.

Source: Lexology

(Quote via original reporting)