• Robert Spicer

Disability discrimination and the menopause

DISABILITY DISCRIMINATION

Disability

Menopause

Case Rooney v Leicester City Council EA-2020-000070-DA, EAT

Facts Ms R made a number of complaints to the ET, including sex and disability discrimination related to her severe menopausal symptoms. She had suffered from the physical, mental and psychological effects of the menopause for two years. She had struggled to cope. She also applied to amend her claim of detriment resulting from protected disclosure. The ET dismissed all the complaints and found that she was not a disabled person. Ms R appealed to the EAT.

Decision 1. The ET had erred in law in finding that Ms R was not a disabled person. It had wrongly focused on what she could do, rather than what she could not do. It had been wring to conclude that her symptoms did not have a substantial adverse effect on her ability to carry out normal day to day activities.

2. The ET had struck out all the claims without adequately analysing them and had given inadequate reasons. This meant that Ms R could not know why the claims had been struck out.

3. The ET had been wrong to refuse the application to amend on the ground that the claim would be out of time, without considering Ms R’s explanation for the delay.

2 views0 comments

Recent Posts

See All

LEGAL AID Legal aid was conceived as a cornerstone of the welfare state. The system was created by the Legal Aid etc Act 1949 as part of the welfare state at a time when free access to justice was reg

Money is the key which unlocks the meaning of English law. Lord Bingham has commented that equality before the law is an aspect of the rule of law. He stated his view that the laws of the land should

In 2018 the UN Special Rapporteur on extreme poverty and human rights reported that in the UK 14 million people, a fifth of the population, live in poverty. Four million of them are more than 50 per c