Severe Menopausal Symptoms Can Amount to a Disability, ET Rules

The word ‘disability’ may summon images of people suffering from grave physical incapacity but, in employment law terms, it has a much broader meaning than that. In an employment case on point, a woman who was suffering from the ill effects of the menopause met the statutory definition of…

Jan 29, 2021

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The word ‘disability’ may summon images of people suffering from grave physical incapacity but, in employment law terms, it has a much broader meaning than that. In an employment case on point, a woman who was suffering from the ill effects of the menopause met the statutory definition of disability.

The woman, who was in her 50s, suffered physical symptoms including hot flushes, night sweats, headaches, joint pain and tingling extremities. Mentally, she endured anxiety, panic attacks, disrupted sleep, memory lapses and difficulty concentrating. She had also been diagnosed with an overactive thyroid, but her symptoms apparently arose predominantly from the menopause.

She launched Employment Tribunal (ET) proceedings alleging, amongst other things, that her employer had failed to make reasonable adjustments to cater for her disability. The question of whether she was in fact disabled within the meaning of Section 6 of the Equality Act 2010 was considered at a preliminary hearing.

Ruling in the woman’s favour on that issue, the ET noted that the statutory definition of disability requires that a person must have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. A substantial effect is more than minor or trivial.

The ET found that the woman’s difficulties with concentration, memory and fatigue substantially impacted on her ability to remember work processes and to read and understand documents. She had significant difficulty in continuing her formerly active social life and was so tired during the day that she was unable to watch a film through to the end without falling asleep.

Other day-to-day activities that she found challenging due to her condition included carrying heavy shopping and driving long distances. Her symptoms were long term in that they had persisted for more than two years. The ET’s ruling that she was disabled opened the way for her to pursue her claim to a full hearing.

Gender-Critical Beliefs Entitled to Legal Protection – Test Case Ruling

A person’s philosophical beliefs may be viewed as wrong and offensive by some, but that does not exclude them from protection under the law. The Employment Appeal Tribunal (EAT) made that point in a unique test case concerning a think tank researcher who believed that sex is immutable and not to be conflated with gender identity. The woman considered that statements such as ‘woman means adult human female’ and ‘trans women are male’ are statements of neutral fact that are not transphobic and…

Badly Treated by Your Employer During the Pandemic? See a Solicitor Today

Hospitality businesses endured a torrid time during COVID-19 lockdowns, but the majority did their best to treat staff fairly. As an Employment Tribunal (ET) ruling showed, however, those that did not can expect to reap a bitter harvest. The case concerned a man with mental health difficulties who had been praised and promoted for his work as a pub chef. After the pandemic struck and the pub had to close, he was placed on furlough. Whilst at home, he was in close contact with his father, who…

Health and Safety – Forklift Truck Driver Sacked for Whistleblowing

Workplace whistleblowers operate very much in the public interest but, all too often, they are punished rather than praised for their activities. The point was made by the case of a veteran forklift truck driver who was summarily dismissed after repeatedly alerting his employer to a serious health and safety risk. After witnessing an incident in which a pallet weighing up to 500 kg fell from a height of nine metres, the driver three times expressed concern to his employer that pallets were…