There have been increasing developments in UK employment law regarding the interaction between menopause and disability discrimination. As awareness of the impact of menopausal symptoms on work performance grows, Employment Tribunals have been asked to consider whether menopause can amount to a disability under the Equality Act 2010.

In this blog post, we analyse the legal foundation for making these claims and the potential legal implications for employers. This is a matter that responsible businesses must be aware of in order to stay compliant with the essential legal protections available to women in the workplace.

What Is a Disability Under Section 6 of the Equality Act 2010?

Under section 6 of the Equality Act 2010, a person is considered to have a disability if they:

1. Have a physical or mental impairment, and;
2. The impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

There are a few specific definitions within this that employers must bear in mind:

●      “Substantial” means more than minor or trivial.

●      “Long-term” refers to an impairment that has lasted, or is likely to last, for at least 12 months.

●      “Normal day-to-day activities” would include requirements such as memory, concentration, interacting with others, and carrying out work duties.

Menopausal symptoms such as fatigue, anxiety, memory loss and concentration difficulties can meet this threshold, depending on their severity and duration. Several tribunal decisions have addressed this issue and provide a legal precedent for how this might apply to menopause specifically.

What Does the Case Law Indicate?

Rooney v Leicester City Council

The Employment Appeal Tribunal ruled in Rooney v Leicester City Council that an employment tribunal had wrongly decided a woman suffering from menopausal symptoms was not disabled. The first tribunal’s decision was unusual, given the severity of Ms Rooney’s symptoms as she described them.

Conclusion
This case illustrates the challenges employees experiencing menopause can face when establishing that their symptoms amount to a disability.

McMahon v Rothwell and Evans LLP (2022)

In McMahon v Rothwell and Evans LLP, the claimant, a legal secretary, experienced menopausal symptoms including brain fog, lack of concentration, stomach pain, insomnia, night sweats, fatigue and joint pain.

The Tribunal found that although the symptoms individually might not be substantial, when considered together (for example, insomnia with fatigue or lack of concentration), their effect was substantial. The Tribunal also noted that the nature of menopause means its effects can be unpredictable.

Conclusion
These cases demonstrate a clear trend: menopausal symptoms, where substantial and long-term, can meet the legal definition of a disability under the Equality Act 2010.

What Are the Implications for Employers?

Employers must recognise their legal duties, as failure to do so may result in findings of unfair dismissal, failure to make reasonable adjustments, or harassment. To remain compliant, employers should:

●      Consider occupational health referrals

●      Develop specific menopause policies

●      Train managers to recognise and respond to symptoms

●      Create open, stigma-free channels for employees to raise concerns

The growing body of tribunal decisions highlights that menopause is not only a health matter, but also a workplace rights issue. Businesses have a responsibility to design their policies accordingly and ensure they are providing proper accommodations for the health needs of all staff members, regardless of their age or gender.

Find Out More

To learn more about your legal responsibilities concerning menopause, take a look at our guidance for employers, or explore our Menopause Hub to find out more.

For tailored legal advice, speak to JMW’s employment law team by calling us on 0345 872 6666, or fill in our online enquiry form.