Can symptoms linked to menstruation be a disability?

In the case of Ms G Platukyte v Secretary of State for Justice, the Employment Tribunal (ET) determined that symptoms linked to menstrual cycle amounted to a disability.

Background  

Ms Platukyte (C) stated that she suffered monthly from “menstrually associated migraine attacks with aura, severe pain leading to vomiting and loss of consciousness, heavy bleeding, above average abdominal pain, severe constipation causing excessive gas and bloating and piles”.

This prevented C from commuting to work around five days each month. However, she was still able to work from home.

Initially, C’s manager agreed to allow C to work from home to help C manage her symptoms. However, in March 2022, this was revoked, and C was informed that she must attend the office. She was instructed to notify her manager immediately if C felt unable to attend. The option to work from home would then be evaluated according to business needs. If remote work was not feasible, C would need to take sick leave.

C made several requests to work from home, some of which were denied. Subsequently C was given first and final written warnings due to her absence levels.

Decision

The Secretary of State for Justice (R) conceded that C’s menstrual symptoms amounted to a disability under the Equality Act 2010.

The ET therefore found that R had failed to make reasonable adjustments by refusing remote working requests made by C during the periods she was suffering from severe symptoms.

Further, R had discriminated against C by giving her warnings about her absences that were linked to her disability.

The ET awarded C £29,065.64 in injury to feelings compensation.

Comment  

Whether symptoms amount to a disability under the Equality Act 2010 depends on the facts of each case. In this case, the claimant experienced symptoms that, while occurring for only five days each month, resulted in a substantial long-term adverse effect on her ability to carry out normal day-to-day activities.

This case highlights the importance for employers to consider reasonable adjustments in line with their legal duty for employees with a disability. Denying requests from employees for adjustments, such as remote work, without proper consideration or justification is a potential failure of the legal duty.

This case also underscores the importance of carefully reviewing employee absences prior to issuing warnings. Where absences arise out of a disability employers must consider whether these absences should be disregarded or reasonably discounted based on the relevant disability.

Given the implications outlined above, it is advisable to seek guidance during an absence capability process, particularly where there is a risk of disability. For further information or support, please contact a member of our Employment team.