The decision was based on disability discrimination related to menopause
In a decision that is likely to reverberate throughout the business sector, a teacher in Scotland was awarded £60K by an employment tribunal because she refused to move schools, stating that the move would exacerbate her menopausal symptoms.
After the teacher refused, she was dismissed from her position while on sick leave.
The tribunal based its decision on disability discrimination. They stated that no reasonable employer would have dismissed the teacher making the dismissal unfair.
The superintendent of the school insisted that the teacher should work at another school even though the teacher had concerns about safety at that school and that the move would exacerbate her symptoms of menopause.
The teacher detailed and explained her menopausal symptoms of anxiety and low mood. She did not want to leave her existing workplace with supportive colleagues, and that violent incidents, assaults and a lack of support at the new school would be detrimental to her health.
The teacher then took sick leave for work related stress and anxiety. She was dismissed soon after.
What does this mean for your organisation? Menopause as an issue in the workplace is starting to get some real attention.
Menopause and the law: Some history
Under the previous Conservative government, the Equality and Human Rights Commission or EHRC published guidance for employers on how to make reasonable adjustments for menopausal women. This was precipitated by a number of high-profile employment tribunal cases in which businesses were found to have discriminated against women experiencing menopause.
The guidance highlighted the laws that existed for years to protect the growing numbers of working women experiencing menopause. Already under the Health & Safety at Work Act 1974, someone going through menopause could be given leave if they showed symptoms caused by menopause, such as anxiety and depression, joint pains and sleeplessness. And then under the Equality Act 2010, employers could be guilty of discrimination on the grounds of age, sex or even disability discrimination if they failed to take into account the potential impact of menopausal symptoms. These symptoms could be considered a disability which means there’s a legal requirement to consider reasonable adjustments and, importantly, that employment tribunals could be an option if firms fail to provide support. These adjustments were things like time off, flexible hours, relaxed uniform policies and rest areas.
The new Labour government is making bigger changes. It just launched its plan to, as it calls it, “make work pay.” The core aim of this mission is to grow Britain’s economy and raise living standards across the UK. Part of this is to prioritise the wellbeing of women workers and this includes a pledge to require employers with more than 250 employees to produce menopause action plans.
It remains to be seen what the new government’s menopause action plans will include. But this is a big deal because it demonstrates that the issue of menopause in the workplace is gaining traction.
Organisations need to start thinking now about launching their own menopause action plans.
Join us for our Menopause Forum where we will share ideas for making organisations more menopause friendly.
Wednesday 11 December 2024, 12:00pm UK time
