Menopause matters

Menopause affects millions of women and is finally receiving the coverage and recognition that is needed to help women function effectively in the workplace. Many more employers are following guidance as to how to support those affected by the menopause, but a recent Employment Tribunal (ET) case is a reminder that some employers have a way to go in this regard.

The employee had worked as a telesales consultant since April 2016. She resigned on 3 May 2022 and brought constructive unfair dismissal and Equality Act complaints.

The basis of the claim relating to a failure to make reasonable adjustments was that in 2019, she suffered the onset of menopause symptoms just as her employer was introducing a new system of working. She struggled with the introduction of the new system. She was prescribed with anti-depressants. Her employer was aware of these issues and initially provided support. The claimant was offered a different role which it was thought would cause her less stress. Two customer complaints were reported against her – but her employer took no action and the support she was being given continued.

At her end of year review, the claimant was rated as requiring improvement and part of the reason for this was that she took longer on customer calls than other employees. As a result, she did not get a pay rise (having had pay rises in the preceding 4 years). Sometime later, the claimant was off sick and raised a grievance and finally resigned and brought the ET proceedings.

It was accepted by the employer that the claimant's menopause symptoms amounted to a disability. The ET observed: 'Her menopausal symptoms exacerbated her challenge in balancing call time with other aspects of performance and with all other technical and sales targets.'

The employee's claim relating to unfavourable treatment as a result of the menopause succeeded. 

The case is a reminder of the importance to employers of taking the impact of disability (which can include menopause symptoms) into account when making performance decisions or during an appraisal process.

To discuss this or any other employment matter, contact us.