THE EQUALITY and Human Rights Commission (EHRC), an organisation that monitors equality, is backing a social worker’s employment tribunal claim that she was compelled to quit from Leicester City Council because of how the organisation handled her menopause-related sickness absence.
In 2017 and 2018, social worker Maria Rooney took lengthy sick leaves from her position at Leicester City Council due to menopausal symptoms, anxiety, and depression.
Rooney received a formal warning from her employer over her absences, despite her disclosing the menopausal symptoms she was suffering.
She also says she received unfavourable treatment related to her absences including inappropriate comments about her menopause-related sickness.
The case involved the first Employment Appeal Tribunal decision that menopausal symptoms can qualify as a disability under the Equality Act, creating a new legal standard.
Rooney said: “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.
“I am very grateful that the EHRC is supporting my case now and hopefully my case will help other people who may be being discriminated against, harassed or victimised in their workplaces.”
In a preliminary hearing in February 2022, the employment tribunal found that Rooney’s symptoms qualified her as disabled during all relevant times covered by her claims.
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.
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.”
The accusations that Rooney was subjected to sex and disability discrimination by her employer, Leicester City Council, will now be heard by the Leicester Employment Tribunal.
Baroness Falkner continued: “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.
“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.”
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