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 issues and workplace absence due to severe menopausal and also menstrual symptoms. The Equality Commission of Northern Ireland, the Northern Ireland Committee of the Irish Congress of Trade and the Labour Relations Agency have produced guidance on how to support those experiencing menopausal symptoms. Further, Endometriosis UK are currently campaigning for menstrual leave for those who suffer from debilitating menstrual pain.

Employers may want to keep updated on this field, and review absence or sickness policies as this area develops to ensure that these issues are adequately compensated for.