A social worker in the UK is suing her former employer for allegedly discriminating against her due to menopause symptoms, reports Metro. Maria Rooney will claim at a tribunal this week that she was treated unfairly, harassed and victimised on the basis of disability and sex. The lawsuit is a legal milestone because Rooney is deemed to have been disabled as a result of her menopause combined with stress and anxiety symptoms. It is the first employment tribunal involving such a case, according to the European Human Rights Commission (EHRC), which is supporting Rooney’s case.

Rooney took periods of extended sick leave from her job at Leicester City Council in 2017 and 2018. She resigned in October 2018 after receiving a formal warning over the absences despite disclosing her symptoms, the EHRC says. Rooney also claims she received unfavourable treatment and inappropriate comments over the issue. Rooney said, “When I received a formal warning for being off sick I felt that I had not been treated fairly so I tried to appeal my manager’s decision, but unfortunately my appeal was not upheld so I made the tough decision to resign from a job I loved after 12 years of loyal service.”

Rooney had been given an NHS health passport, which tells managers when an NHS worker has a condition they need to account for, with perimenopause listed on it. The EHRC argues employers should make reasonable adjustments to support workers whose symptoms are so significant they amount to a disability. The tribunal decided last year that Rooney was disabled at all relevant times covered by her claim.

A Leicester City Council spokesperson said, “As the tribunal is due to start hearing this case this week, it would not be appropriate for us to comment at this time.”

Menopausal women are the fastest-growing demographic in the workplace. According to the faculty of occupational medicine, almost 8 out of 10 menopausal people are in work.

The ‘perimenopause’ is the phase leading up to the menopause when a woman’s hormone balance starts to change. For some people, this can start as early as their twenties or as late as their late forties. It is estimated that there are around 13 million people who are currently peri or menopausal in the UK (Wellbeing of Women) which is equivalent to a third of the entire UK female population.