The equality watchdog, the Equality and Human Rights Commission (EHRC), is supporting an employment tribunal claim by a social worker who says she was forced to resign from Leicester City Council for the way it handled her sickness absence relating to the menopause.
Maria Rooney suffered from menopause symptoms, anxiety and depression, when she took extended sick leave from her job at Leicester City Council, leading to her resignation in October 2018.
She received a formal warning from her employer over her absences, despite disclosing the menopause symptoms she was suffering. Rooney also says she received unfavourable treatment related to her absences including inappropriate comments about her menopause symptoms.
The case involved 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. The employment tribunal decided in a preliminary hearing in February 2022, that Rooney was disabled at all material times covered by her claims by virtue of her symptoms.
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Leicester employment tribunal is now hearing claims that Rooney was discriminated against, harassed and victimised by Leicester City Council on the grounds of disability and sex.
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.”
The EHRC said that employers should support their employees who are affected by menopause and may have a duty to make reasonable adjustments where menopause symptoms are significant and may be a disability.
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.”
Rooney also held an occupational health report while working for the council, which stated that she had work-related stress and anxiety, and a health and wellbeing passport for perimenopause.
A statement from Leicester City Council said: “As the tribunal is due to start hearing this case this week, it would not be appropriate for us to comment at this time.”
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