In the case of Platukyte v Secretary of State for Justice, the Employment Tribunal has now recognised menopause as a disability.
In this case, the employee worked for the Ministry of Justice as an administrator. Her menstrual cycle caused her to suffer very painful and debilitating symptoms, including heavy bleeding, severe pain leading to vomiting and loss of consciousness, migraines, and severe stomach issues. These symptoms affected her for around five days each month.
The employee was able to manage these symptoms when she worked from home. However, the employer changed its homeworking policy, requiring all staff to return to the office on a full-time basis. When she was unwell, she reported her health issues to her manager, who told her she had to take time off as sick leave, as there was insufficient work for her to do from home. As a result of taking more sick leave, the employer invoked its absence management policy against her and issued several warnings. She brought a claim against her employer for failing to allow homeworking as a reasonable adjustment and argued that the warnings amounted to discrimination arising from her disability.
The Ministry of Justice accepted her claim and agreed that her symptoms amounted to a disability. It also accepted that there had been a failure to make reasonable adjustments by refusing homeworking and that the warnings amounted to discrimination.
The Employment Tribunal awarded the employee compensation for injury to feelings. There was no award for loss of earnings, as she had continued working during the 17 months of discrimination. The total compensation awarded was £24,000, which, with interest, came to just over £29,000.
Employers should now review their policies on supporting employees experiencing menopause. Periods can affect women in diverse ways and to varying degrees, and employers must be mindful of this.
A menopause policy should now be included in every company handbook.
If you need any further advice or assistance, please do not hesitate to contact the Quest HR Advice Line on 01455 852028.
