Tribunal Was Wrong To Strike Out Menopause Disability And Sex Discrimination Claims

• Published date: 17 November 2021
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employment Litigation/ Tribunals
• Law Firm: Trowers & Hamlins
• Author: Ms Emma Burrows and Nicola Ihnatowicz

The EAT has held that the employment tribunal erred in striking out the claimant's menopause disability and sex discrimination claims in Rooney v Leicester City Council.

The claimant was employed as a childcare social worker until her resignation at the end of October 2019. Solicitors instructed by the claimant presented a claim for constructive dismissal amongst other things. The claim specifically stated that the claimant accepted that her work-related stress and menopause symptoms did not amount to a disability. The claimant was unaware that her claim had been pleaded in this way and subsequently presented a second claim to the tribunal for disability and sex discrimination, harassment and victimisation with regard to the Council's treatment of her in relation to her menopausal symptoms. She claimed that she had suffered from the physical, mental and psychological effects of the menopause for two years. These had had a negative impact on her life to the extent that she had struggled physically and mentally to cope.

The two claims were considered together at a case management preliminary hearing. The claimant was ordered to provide further particulars of her discrimination claim. She did so and a further preliminary hearing was fixed by the tribunal to determine whether her claims for constructive dismissal and disability and sex discrimination should...