Woman's menopause discrimination tribunal is 'legal first'

The claim has been made against Leicester City Council

The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by a tribunal in a legal first.

Maria Rooney, 52, took sickness leave from her job at Leicester City Council due to the symptoms, the Equality and Human Rights Commission (EHRC) said.

She resigned in October 2018, claiming she received unfavourable treatment and inappropriate comments over the issue.

The council said it was not appropriate to comment ahead of the hearing.

A Leicester employment tribunal - which is expected to last 16 days - will hear evidence from Tuesday, with Monday being a "reading day".

The EHRC - which is supporting Ms Rooney's case - said the social worker was suffering from menopause symptoms, as well as anxiety and depression, when she took periods of extended sickness leave from her role in 2017 and 2018.

After informing her employer of her symptoms, she received a formal warning before resigning in October 2018.

"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," Ms Rooney said.

"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."

'Legal precedent'

According to the NHS, menopause symptoms can include mood changes, anxiety, and memory issues, as well as physical symptoms including headaches, palpitations, skin changes and sleeping difficulties.

The case is the first involving an employment tribunal where menopause symptoms are deemed to amount to a disability for the purposes of the Equality Act, the EHRC said.

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.

It marked the first time this type of tribunal had decided that menopause symptoms could amount to a disability, setting a legal precedent.

A Leicester City Council spokesperson 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."