Menopause Symptoms led to discrimination claim

The Employment Law & HR Podcast

This case illustrates when an employee can qualify for protection from discrimination due to menopause symptoms

In this episode 216 of the podcast I bring you a summary of a case that was decided by the Employment Tribunal in regards to the issue of whether an employee was treated less favourably due to menopause symptoms and whether her employer was under an obligation to make a reasonable adjustments. The case is Mrs M Lynskey v Direct Line Insurance Services Ltd.

In this episode of the podcast we cover:

• When menopause symptoms could qualify someone for protection under the Equality Act.
• The types of other claims that employees could bring if treated to their detriment because of menopause.
• Why the Employment Tribunal considered that the employer’s attempts at adjustments were not sufficient.
• Why the Employment Tribunal awarded Mrs Lynskey aggravated damages in this case.
• Tips for employers in ensuring that they behave in an inclusive, fair and reasonable manner with employees who are experiencing menopause symptoms.
• Why we recommend that employers look at making reasonable adjustments, regardless of whether an employee has a confirmed disability.

Case Reference

You can read the full judgement here: https://www.gov.uk/employment-tribunal-decisions/mrs-m-lynskey-v-direct-line-insurance-services-ltd-1802204-slash-2022-and-1802386-slash-2022

Other resources regarding menopause

Podcast: Menopause support at work: An interview with Nicola Green

Menopause & Work Reform?

An employer has been ordered to pay compensation after making menopause comments

Menopause and work – what do employers need to do and why?

New Acas Guidance on Menopause and the Workplace

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