The assistance employers give to menopausal employees is in the news a lot at the moment and is a topic employers are, slowly, trying to get to grips with. Ms McMahon, a typist at a Manchester-based law firm Rothwell & Evans, reported to her line manager that she was suffering unbearable hot flushes and that she had undergone intimate examinations. She received a reply from the firm’s senior partner saying that she had ‘given away too much information’.
Ms McMahon argued that as a result of this response she became reluctant to discuss her menopause with her bosses. Unfortunately she continued to experience significant complications with the menopause which resulted in her taking a significant amount of sick leave, often in small chunks and with little or no notice. She was eventually dismissed due to her unreliability.
Following dismissal Ms McMahon brought claims for sex and disability discrimination amongst others. However she lost both of the claims. Although the Employment Tribunal acknowledged that her menopausal symptoms did amount to a disability, she had not been discriminated against due to her unreliability in a new role. The Tribunal acknowledged the employer’s argument that reliability in her role was critical.
The treatment of menopausal women is a growing area of concern and a matter of significant focus at the moment. Employers need to be careful as although the employer in this instance was successful in defending the claims they still incurred significant time, cost and reputational damage as a result. It is important that if women speak with their employer that the employer is understanding and shows a reasonable amount of flexibility wherever possible. Employers should also be conscious that talking about the menopause remains somewhat ‘taboo’ and when women do open up about it, employers should not shut down that conversation through insensitive or ill-thought-through comments.
If anything in this case is relevant to you or to your business please do speak with our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.