In our first quarterly case law update of the year, we take a look at some of the key cases published since October 2021 and consider the lessons that can be learned from them.
We have seen over recent months an increased awareness and discussion around menopause, particularly regarding the impact that menopause can have in the workplace. In Rooney v Leicester City Council, the Employment Appeal Tribunal (EAT) overturned the Tribunal’s finding that Ms Rooney’s claims for menopause-related disability and sex discrimination should be struck out. In assessing whether a particular condition or impairment can be classified as a disability under the Equality Act 2010, a Tribunal will need to determine whether the condition or impairment has a substantial long term impact upon a claimant’s ability to carry out day to day activities. The symptoms of menopause may vary in severity, but they can be both physical and psychological in nature.
In this case, the EAT held that the Tribunal had wrongly focused on what Ms Rooney could do, in spite of her symptoms of menopause (which it considered to be no more than minor or trivial), and the statutory definition of ‘long term’ was not considered. As a result, the EAT found that that the Tribunal had incorrectly concluded that Ms Rooney was not disabled due to her menopause; it had not adequately analysed her discrimination claims or given sufficient reasons for its decision. Similarly, the Tribunal had erred by...
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