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Originally heard several years earlier, the case of Rooney v Leicester City Council has been heralded an important legal first being the first case where a person’s menopausal symptoms were deemed to potentially amount to a disability. Here, Ms Rooney’s symptoms including anxiety, sleep disturbance and poor concentration, ultimately leading to disruptions in her life such as forgetting to attend meetings and leaving the iron on, and contributed to a later finding that she was disabled for the purposes of the Equality Act 2010.
The case opened the door for employees to bring claims of disability discrimination. Whilst the menopause is not currently a protected characteristic, views on the subject matter are shifting and employers are becoming increasingly aware of the risks associated with overlooking the way in which they support employees experiencing the menopause.
In this feature, we assess what progress and changes have occurred in the last twelve months and how these contribute to the conclusion that it is not just what you do, it is the way you do it.
- New ECHR Guidance
In one of the largest changes in this area, new guidance was published in February 2024 which provides comprehensive advice to employers on their obligations to employees who are experiencing the menopause. This provides some useful information, such as details of how employees may be protected under the Equality Act 2010 and suggestions of workplace adjustments. These could include:
- Changes to the work environment, such as room temperature and the ventilation provided, as well as offering rest areas; and
- Promotion of policies on flexibility such as allowing employees to change shift patterns or work from home as appropriate.
This demonstrates the importance of how support is delivered, rather than just what is said. Employers who implement these kinds of physical changes, backed up with clear policies and procedures, are likely to be deemed more supportive and having enacted reasonable adjustments, than those who do not.
- Language and demeanour matter
In a recent 2023 case, Mrs Anderson was awarded over £37,000 by a Tribunal in relation to derogatory comments made by her employer about the menopause. Despite having explained that her symptoms included heavy bleeding, she was told to ‘a'biddy f****** gets it, just get on with it’ and ‘that’s your excuse for everything’. This amounted to harassment on the grounds of sex.
This case exemplifies that attitudes such as these will not be tolerated by a tribunal. Employers need to ensure that such behaviours are not accepted. Having practices in place are important but the way that these are implemented by senior management and moving through the structure of the business, is crucial.
What takeaways can we find in these developments?
Clearly, the menopause is a topic that employers need to be alive to and take proactive steps to support their employees, experiencing the menopause. This can be implemented in several ways, and these are some of our top tips:
- Ensure there are clear, up-to-date and easily accessible policies that employees are signposted to and made aware of. This should demonstrate a clear and strong stance on the support that employers are offering employees.
- Consider implementing menopause champions. Acting in a similar way to mental health champions, having staff that are a first port of call if an employee needs support or advice, can be a valuable tool for a workplace.
- Training and development sessions should be provided to all staff, to broaden understanding on the topic of the menopause. This can help colleagues understand the impact the menopause can have on those working with them and encourage open and supportive communication.
It is worth noting that measures should be reasonable to the organisation implementing them. The team at Outset are always happy to advise on cases related to the menopause and any recent topical developments.
