Case Study 28: Mandy Davies v Scottish Courts – Menopause-Related Disability Discrimination
Year: 2018
Provider: UK Employment Tribunal (Glasgow)
Target Group / Legal Focus: Employers, HR staff, and legal practitioners navigating disability discrimination (Equality Act 2010, Section 15)
Goal: To determine whether severe menopausal symptoms can constitute a legal disability under UK law and assess whether dismissal linked to such symptoms constituted discrimination and unfair treatment. Key Actions
Ms Davies, a long-serving court officer, experienced severe perimenopausal symptoms (anaemia, confusion, fainting)
Left cystitis medication in her desk; two colleagues accidentally consumed it
Employer launched a misconduct investigation and dismissed her for dishonesty
Occupational health had confirmed her symptoms qualified as a disability under the Equality Act
Tribunal ruled dismissal was discriminatory and failed to account for menopause-related cognitive impairment Impact
Tribunal awarded reinstatement and £19,000 in damages
Landmark case recognising severe menopausal symptoms as a disability
Signalled legal responsibility for employers to make reasonable adjustments and avoid unfavourable treatment
Case widely cited in legal commentary and training on workplace menopause rights Lesson Learned
Menopause may qualify as a disability under the Equality Act when symptoms are severe and long-term
Employers must take medical evidence and occupational health reports seriously
Dismissals must be proportionate and account for health-related conduct
Training gaps for managers and HR on menopause and disability law were evident
The case reinforced the need for menopause-inclusive HR policies and disciplinary procedures Success Factors/Best Practices
Training managers to recognise when menopause may meet legal thresholds for disability
Incorporating menopause awareness into misconduct and grievance procedures
Following EHRC and BSI guidance (e.g. BS30416) on workplace adjustments and policy standards
Ensuring occupational health advice is integrated into disciplinary decisions Sustainability
Develop clear menopause support and discrimination policies
Provide ongoing legal training for HR and line managers
Embed inclusive communication and reasonable adjustments into workplace culture
Use tribunal case law to inform proactive, preventative HR practices
