Claimant v University Hospitals Dorset NHS Foundation Trust
Outcome
Individual claims
The claimant withdrew the claim of direct sex discrimination under section 13 EqA prior to the preliminary hearing.
The preliminary hearing determined that the claimant was disabled by reason of joint pain, urinary incontinence, and excessive bleeding, but not by reason of anxiety. The substantive disability discrimination claims remain to be determined at a full merits hearing.
The claimant withdrew the claim for discrimination arising from disability under section 15 EqA prior to the preliminary hearing.
The claimant withdrew the victimisation claim under section 27 EqA prior to the preliminary hearing.
Facts
The claimant, a 51-year-old physiotherapist, worked for the NHS trust as an agency worker from February to October 2023 and then as a bank worker until December 2023. She experienced menopause-related symptoms including joint pain, urinary incontinence, excessive bleeding, and anxiety. She was challenged for sending inappropriate messages and told she would have to change locations, after which she terminated her employment. She brought claims of sex and disability discrimination.
Decision
The tribunal determined this was a preliminary hearing on disability status. The tribunal found the claimant was disabled by reason of joint pain, urinary incontinence, and excessive bleeding during the relevant period (12-18 December 2023). However, the tribunal found she was not disabled by reason of anxiety, as the evidence showed anxiety predated her menopause symptoms and was caused by external life events rather than menopause.
Practical note
Menopause-related physical symptoms can constitute a disability under the Equality Act 2010 if they have substantial and long-term adverse effects on day-to-day activities, but anxiety must be clearly linked to menopause rather than external life events to be considered a menopause-related disability.
Legal authorities cited
Statutes
Case details
- Case number
- 1401200/2024
- Decision date
- 4 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Physiotherapist
- Service
- 10 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister