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December/January 2021/2022 (vol. 18/4)

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EXPERT WITNESS: Menopause and disability

EAT decision in Rooney v Leicester City Council

Summary:

OH law expert Professor Diana Kloss discusses a recent decision of the Employment Appeal Tribunal where a woman claimed the symptoms associated with the menopause amounted to a disability under the Equality Act 2010.

The menopause has in recent years been given considerable publicity, and guidance has been published advising employers how to assist women undergoing this natural function. This includes, for example, guidance from ACAS and the Faculty of Occupational Medicine. In recent months, the UK Government has announced its intention that hormone replacement therapy (HRT) will be made available at a reduced cost to women experiencing menopausal symptoms. There have been a few employment tribunal cases where women have sued their employer for dismissing or discriminating against them because of allegedly poor performance caused by menopausal symptoms. None of these cases had been taken on appeal, until the recent case of Rooney v Leicester City Council

 

Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author.

Author: Kloss D

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Occupational Health at Work December/January 2021/2022 (vol. 18/4) pp36-38

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