In a legal first, the case of a woman allegedly discriminated against due to her menopause symptoms will be heard by a tribunal.

Maria Rooney, who worked at Leicester City Council, took extended periods of sickness leave during 2017 and 2018 due to menopause symptoms, as well as anxiety and depression. She informed her employer of the symptoms, yet received a formal warning for her prolonged absence before resigning in October 2018, after 12 years of service.

In February 2022, an earlier employment appeal tribunal concluded Ms Rooney was disabled at all material times covered by her claims, by virtue of her symptoms of menopause combined with stress and anxiety symptoms. According to the Equality and Human Rights Commission (EHRC), this case is the first time menopause symptoms are deemed to amount to a disability for the purposes of the Equality Act.

What is the menopause?

The menopause is when your periods stop due to lower hormone levels. Whilst this usually affects women between the ages of 45 to 55, it can happen much earlier. It can happen naturally or can be due to reasons such as surgery, cancer treatments, or a genetic reason – in some cases, it just isn’t known why.

Both menopause and perimenopause (when you have menopause symptoms but your periods haven’t stopped) can cause a wide variety of symptoms such as anxiety, mood swings, brain fog, hot flushes and irregular periods, among many others. These symptoms can start years before your periods stop and continue for years after.

It’s important to remember that symptoms are not the same for everyone, and no one experiences menopause the same.

How does menopause impact work?

The most common difficulties in the workplace reported by menopausal women are poor concentration, memory, tiredness, low mood/depression, and low confidence. Almost 60% of menopausal women between the ages of 45 and 55 say it has a negative impact on them at work, and 10% of women are found to leave their jobs due to menopause symptoms.

Aside from the mental difficulties the menopause can cause outlined above, physical symptoms such as severe hot flushes, headaches, erratic periods, and much more can make the office an uncomfortable place to be, especially if there are no measures put in place to support those experiencing menopause.

Protected characteristics and menopause

Whilst menopause is not a specific protected characteristic under the Equality Act 2010, there is still protection in place to prevent discrimination against menopausal employees. Earlier this year the government chose to reject classifying menopause as a protected characteristic – stating that while it supports the aim of preventing discrimination due to menopause, the existing protected characteristics of sex, age and disability already provide this protection.

What can you do to help?

There are a number of things you could do in order to support your employees experiencing menopause:

• Introduce a menopause policy
• Carry out workplace assessments to ensure that the workplace is not increasing the severity of menopause symptoms
• Open up conversations and create a support network so employees know who they can turn to and what support is available if they need to talk.
• Put into place small adjustments:
  • Can you move an employee’s desk to make them more comfortable (e.g. near a window?)
  • Can you provide a desk fan, more sets of uniforms, or cold drinking water?
  • Can you provide flexible start and finish times to account for restless or disturbed sleep?
  • Do they have somewhere they can take a quick break in private, or can they work from home occasionally?
• Put into place training or workshops to ensure all staff are aware of menopause and what it can cause.

How can we help?

If you feel that a menopause policy within your business would be valuable to you please don’t hesitate to contact us on 0333 88 1360 or email [email protected] and we can provide you with a FREE menopause policy. For all Watertight HR & Legal clients the menopause policy is included within your package, so please contact your dedicated advisor who will happily provide you with both a policy and any guidance you might require.