Can Menopause Be a Protected Characteristic?

For some employees with menopausal symptoms, this can lead to increased absence and affect work their performance. Menopause is not a protected characteristic in and of itself, however, a recent Employment Appeal Tribunal (EAT) case, Rooney v Leicester City Council (2021), determined that an employee’s menopausal symptoms amounted to a disability. Whilst this decision is not binding under in Northern Ireland, decisions of the EAT tribunals carry persuasive value in Northern Ireland. Employers should be aware that whilst menopause is not a protected characteristic it may fall under the realms of disability or potentially sex discrimination.

There is an increased focus on female-related