Claimant v Eddie Stobart Limited
Outcome
Individual claims
This preliminary hearing determined only that the claimant was a disabled person within the meaning of the Equality Act 2010 due to menopause. The substantive disability discrimination claims, relating to alleged refusal to provide a working pattern as a reasonable adjustment for menopause symptoms, have not yet been determined on their merits.
The claim concerns alleged refusal by the respondent to provide a working pattern the claimant had with the transferor, which she says was a reasonable adjustment for her menopause symptoms. This preliminary hearing established disability status only; the merits of the reasonable adjustments claim remain to be determined at a future hearing.
Facts
The claimant, a 54-year-old lorry driver, was transferred to the respondent in May 2024 under TUPE and dismissed in August 2024. She has experienced menopause symptoms since at least 2017, including mood swings, brain fog, memory difficulties, hot flushes, night sweats, fatigue, and joint pain. She has been prescribed citalopram for mood swings and HRT intermittently since 2019, with breaks due to health concerns and availability. The dispute revolves around the respondent's alleged refusal to provide a working pattern she had with her previous employer, which she says was a reasonable adjustment for her menopause symptoms.
Decision
The tribunal found that the claimant was a disabled person within the meaning of the Equality Act 2010 at all material times from May to August 2024 due to menopause. The tribunal accepted that menopause was a physical impairment causing fluctuating but continuous substantial adverse effects on normal day-to-day activities since at least mid-2019, including impacts on mood, concentration, memory, sleep, and physical functioning. The tribunal rejected the respondent's argument that symptoms had ceased and a new unrelated condition arose in 2024.
Practical note
Menopause can constitute a disability under the Equality Act 2010 where it causes substantial adverse effects on day-to-day activities lasting or likely to last at least 12 months, even where symptoms fluctuate in severity and treatment is taken intermittently.
Legal authorities cited
Statutes
Case details
- Case number
- 6015901/2024
- Decision date
- 4 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- lorry driver
- Service
- 3 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor