An employment tribunal has has awarded a teacher £60,000 in compensation for disability discrimination and unfair dismissal after she refused to move schools for fear of it worsening her menopausal symptoms.
Background
A teacher was informed she would need to move schools, but refused stating that the high levels of pupil violence in the new school would increase her blood pressure and worsen her menopausal symptoms. She was subsequently dismissed whilst on sick leave.
The tribunal upheld her claims for disability discrimination and unfair dismissal as “no reasonable employer would have insisted” that she move schools given her circumstances, when another teacher could have taken the role.
Practical takeaway
Menopause and discrimination – whether or not menopause symptoms amount to a disability will depend on the facts of each case and whether they’re sufficient enough to have a long-term negative effect on the employee’s ability to do normal day-to-day activities. Always take advice if you’re unsure.
Proactive support – supporting employees experiencing menopause symptoms begins with understanding. Everyone is different, so having supportive conversations and securing expert guidance (such as occupational health) means you can provide the employee with the specific support they need.
Menopause policy – a great opportunity to raise awareness around the topic to build a culture of understanding, support those affected, and ensure managers have the confidence to deal with situations appropriately and lawfully. Access ours on Intelligent Employment.
Training – great policies often fail without training. Around 77% of businesses still don’t train line managers about menopause. Not only does training raise awareness, but it also shows that you’re serious about support and ensuring your managers are able to give the help where and when it’s needed.
Get in touch if you need our advice or guidance on anything we’ve covered in this update.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
