A woman has launched legal action against her former employer claiming the company discriminated against her when she experienced menopause symptoms in a first-of-its-kind case.
Maria Rooney, a former social worker based in Leicester, said nobody supported her when she began experiencing anxiety linked to her work and menopausal symptoms.
The 52-year-old, whose case will be heard by an employment tribunal this week, said she “felt let down” and “betrayed” as she warned her employers “had no compassion” or knowledge about the menopause.
The Equality and Human Rights Commission (EHCR), which is supporting Ms Rooney’s case, said she was suffering from menopause symptoms, anxiety and depression when she took periods of extended sickness leave from her job as a social worker for Leicester City Council in 2017 and 2018.
The commission said Ms Rooney received a formal warning over her absences despite disclosing her symptoms - explaining she resigned in October 2018 after claiming she experienced unfavourable treatment and inappropriate comments about the issue.
From Monday, a Leicester employment tribunal will hear Ms Rooney’s case, which is expected to last 16 days and centres around claims she was discriminated against, harassed and victimised by her employer on the grounds of disability and sex.
It is the first case involving an employment tribunal where menopause symptoms are deemed to amount to a disability for the purposes of the Equality Act, the EHRC said.
Ms Rooney said: “I was a dedicated children’s social worker and I worked at Leicester City Council for 12 years but when I started suffering with work-related stress and anxiety and menopausal symptoms, nobody listened or helped me.
“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.
I was a dedicated children’s social worker and I worked at Leicester City Council for 12 years but when I started suffering with work-related stress and anxiety and menopausal symptoms, nobody listened or helped me— Maria Rooney
“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.”
She said she was “very grateful” the EHRC had chosen to back her case and she hoped it would “help other people who may be being discriminated against, harassed or victimised in their workplaces”.
Menopause symptoms range from heart palpitations to hot flushes, vaginal pain, anxiety and depression, night sweats, insomnia, headaches, a reduced sex drive, recurrent urinary tract infections – as well as mood changes, difficulty concentrating and issues with memory.
The EHRC said employers should support workers who are affected by the menopause and may have a duty to make reasonable adjustments where symptoms are significant and may be a disability.
Menopause symptoms can significantly affect someone’s ability to work. Employers have a responsibility to support employees going through the menopause— Baroness Kishwer Falkner, EHCR
Ms Rooney also held an occupational health report while in her previous role, which stated that she had work-related stress and anxiety, and a health and well-being passport for perimenopause.
Following her resignation, Ms Rooney lodged claims with the employment tribunal against the council in January 2019.
The tribunal decided in February 2022 that 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 an employment appeal tribunal decided that menopause symptoms could amount to a disability, setting a legal precedent.
ECHR chairwoman Baroness Kishwer Falkner said: “Menopause symptoms can significantly affect someone’s ability to work.
As the tribunal is due to start hearing this case this week, it would not be appropriate for us to comment at this time— Leicester City Council
“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.
“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.”
She said they “will continue to intervene” in cases like Ms Rooney’s and use their “unique powers” to ensure employers are accountable for their actions.
Dr Louise Newson, a GP and menopause specialist, told The Independent 14 million work days are estimated to be lost in the UK every year due to “debilitating” menopausal symptoms.
She added: “The menopause itself isn’t classed as a disability; however, some severe symptoms might constitute disabilities as women experience physical or mental impairment that has a substantial and long-term negative effect on them carrying out their day-to-day activities. This case is a landmark occasion.”
Diane Danzebrink, who runs the Menopause Support network, which works with over 33,000 women, said they hear from thousands of women every year, and unfortunately they still encounter those who felt forced to leave the workplace over a dearth of support.
“I can't imagine how many teachers, social workers and healthcare professionals we have lost to the workforce during perimenopause and beyond over the past few years,” she added. “I have been aware of Maria’s case for several years now and I applaud her.”
She called for the government to roll out “national menopause workplace guidance” for all employers, as well as launch a national public health campaign centred around the menopause.
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.”
Additional reporting by Press Association
