Employment Tribunal begins hearing claim against city council over alleged menopause discrimination

The Employment Tribunal is this week hearing a claim brought by a social worker against a council over her treatment while she experienced menopause symptoms.

The Tribunal in Leicester will hear claims that Maria Rooney, who was employed by Leicester City Council, was “discriminated against, harassed and victimised” on the grounds of disability and sex.

She has been supported in bringing her case by the Equality and Human Rights Commission (EHRC).

The EHRC said that 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 the council in 2017 and 2018.

The claimant received a formal warning from her employer over her absences, despite her disclosing the symptoms she was suffering.

She said she also received “unfavourable treatment” related to her absences including inappropriate comments about her menopause symptoms.

In October 2018, Rooney resigned. In January 2019, she lodged claims with the Employment Tribunal against the council.

In February 2022, an Employment Tribunal decided at a preliminary hearing that Rooney was disabled “at all material times” covered by her claims.

The Tribunal ruled that her disability was “by virtue of her symptoms of menopause combined with symptoms of stress and anxiety”, said the equality watchdog.

It added: “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.”

At the hearing which started this week (2 October), the Tribunal will consider claims that Rooney was discriminated against, harassed and victimised by the council on the grounds of disability and sex.

Prior to the commencement of the hearing, 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.”

Baroness Falkner added: “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.”

Rooney is being represented by Elaine Banton at 7BR Barristers Chambers.

Leicester City Council has been approached for comment.

Lottie Winson