An Employment Tribunal has awarded a beauty therapist over £32,000 after she was made redundant while experiencing ‘significant’ menopause symptoms.
Chantelle Van Vliet worked as a senior aesthetic therapist for Footlaffs from June 2022 until May 2024. In May 2024, she submitted a flexible working request to get a better work and family balance as she was suffering significant menopausal symptoms including migraines, hot flushes and recurrent urinary tract infections.
On 31 May 2024, the business closed, all employees were dismissed by reason of redundancy, and a large majority were offered re-employment with the new business. Chantelle was not offered re-employment or given a reason for her redundancy. She filed a claim in the Employment Tribunal claiming she had been discriminated against because of her menopause symptoms.
The Tribunal found that the employer had failed to show any reason why the Claimant had been excluded from re-employment, and concluded that her flexible working request had influenced the decision. The Tribunal found that the Claimant was at a substantial disadvantage compared to someone without her disability. The Claimant was successful in her claims for disability discrimination, failure to make reasonable adjustments, victimisation, deduction from wages and wrongful dismissal.
Although menopause is not one of the recognised ‘protected characteristics’ under the Equality Act 2010, severe menopause symptoms which have a substantial and long-term adverse effect on someone’s ability to carry out daily activities, are firmly established as being capable of being recognised as a disability in law. Tribunals are increasingly recognising symptoms such as fatigue, anxiety and sleep disruption as potentially disabling when they affect work and daily life.
This case serves as a further cautionary tale for employers that menopause can amount to a disability under the Equality Act 2010 which could give rise to legal duties to make reasonable adjustments.
Employers are advised to raise awareness in the workplace, discuss openly the needs of employees who are suffering, make reasonable adjustments and upskill managers.
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