• Robert Spicer

Disability discrimination and the 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.

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