Equality watchdog supports important Tribunal hearing on alleged menopause discrimination

On Monday 2 October, claims relating to how employers treat employees who are experiencing menopause symptoms will be heard at an Employment Tribunal in Leicester, with support from the Equality and Human Rights Commission.

Maria Rooney was suffering from menopause symptoms, and anxiety and depression, when she took periods of extended sickness leave from her job as a social worker for Leicester City Council in 2017 and 2018.

Ms Rooney received a formal warning from her employer over her absences, despite her disclosing the menopause symptoms she was suffering. Ms Rooney also says she received unfavourable treatment related to her absences including inappropriate comments about her menopause symptoms.

Ms Rooney felt she had no choice but to resign in October 2018. In January 2019, she lodged claims with the Employment Tribunal against Leicester City Council.

Following several preliminary hearings and an appeal, an Employment Tribunal decided at a preliminary hearing in February 2022, that Ms Rooney was disabled at all material times covered by her claims. It ruled that Ms Rooney’s disability was by virtue of her symptoms of menopause combined with symptoms of stress and anxiety.

The case involves the first Employment Appeal Tribunal decision that menopause symptoms can amount to a disability for the purposes of the Equality Act, setting a legal precedent.

Leicester Employment Tribunal will now hear the claims that Ms Rooney was discriminated against, harassed and victimised by her employer Leicester City Council on the grounds of disability and sex.

Employers should support their employees who are affected by the Menopause and may have a duty to make reasonable adjustments where Menopause symptoms are significant and may be a disability.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission said:

'Menopause symptoms can significantly affect someone’s ability to work. 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. Every employer should take note of this hearing.

I am pleased we can support Ms Rooney with her case which she has been fighting for several years now.

We will soon be launching new guidance for employers, so they have the resources to ensure they are looking after their staff who are going through the menopause, and we will encourage all employers to use it.

As Britain’s equality regulator, we will continue to intervene in cases such as this and hold employers to account by using our unique powers'.

Ms Rooney said:

'I was a dedicated Children’s Social Worker and I worked at Leicester City Council for 12 years but when I started suffering with work related stress and anxiety and menopausal symptoms nobody listened or helped me.

I felt let down and betrayed after working there for so long and I felt they had no compassion and understanding and awareness of the menopause.

When I received a formal warning for being off sick I felt that I had not been treated fairly so I tried to appeal my manager’s decision, but unfortunately my appeal was not upheld so I made the tough decision to resign from a job I loved after 12 years of loyal service.

I am very grateful that the EHRC is supporting my case now and hopefully my case will help other people who may be being discriminated against, harassed or victimised in their workplaces'.

Notes to Editors:

• The Equality and Human Rights Commission are supporting this claim through Section 28 assistance, which will ensure that the Claimant can be represented at the Tribunal hearing at Leicester Employment Tribunal on Monday 2 October 2023.
• Ms Rooney is being represented by Elaine Banton at 7BR Barristers Chambers.
• Ms Rooney also held an Occupational Health Report while working for Leicester City Council, which stated that she had work related stress and anxiety, and a Health and Wellbeing Passport for perimenopause.
• The Equality and Human Rights Commission is Britain’s national equality body and has been awarded an ‘A’ status as a National Human Rights Institution (NHRI) by the United Nations.