Can The Menopause Constitute A Disability?

A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.

In February 2017, Ms Davies was prescribed medication (for a separate medical condition), which had to be dissolved in water before being taken. Ms Davies left her medication and a jug of water on her desk during a court adjournment. On her return, the jug was empty. Believing she had dissolved the medication in the jug, Ms Davies informed two male members of the public who had been in the court and had drunk the water that they may have ingested her medication. An argument ensued between Ms Davies and these two members of the public.