Menopause at Work in Northern Ireland

Who this guide is for

Employees in Northern Ireland affected by the menopause at work, who want to know what their employer must do.

What this guide does not cover

• Work in England, Wales or Scotland: see the Great Britain guide.
• Sex and age discrimination in Northern Ireland. Northern Ireland has its own equality laws, and this guide does not set them out: ask the Equality Commission for Northern Ireland.
• Reasonable adjustments for other conditions: see our reasonable adjustments guide. Your other rights at work: see our employee rights guide.
• Medical advice. Speak to your GP. Tribunal time limits in detail: see our tribunal deadline guide.

What the rules depend on

1. Do your symptoms meet the Disability Discrimination Act 1995 test? If yes, the duty to make reasonable adjustments applies.
2. How long have you worked there? A statutory flexible working request needs 26 weeks.
3. When did it happen? The date decides your time limit.

"Could my symptoms be a disability?"

The Disability Discrimination Act 1995 defines a disabled person as someone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Whether menopause symptoms meet it depends on your facts: ask the Equality Commission for Northern Ireland.

If they do, your employer has a duty to make reasonable adjustments where you are at a substantial disadvantage compared with people who do not have a disability. Failing to meet the duty cannot be justified and is always unlawful.

"Can I ask to work flexibly?"

You can make a statutory request to work flexibly if you are an employee and have worked for your employer for 26 weeks continuously on the date you make the request. You can make only one statutory request in any 12-month period. It is a right to ask, not a right to have the change.

"What can I do?"

Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.

A discrimination claim needs no minimum length of service. Unfair dismissal needs at least 1 year of continuous employment. The Equality Commission for Northern Ireland may be able to help with a discrimination claim.

Why the employer acted matters

Being treated badly and having a protected characteristic is not enough on its own. The industrial tribunal asks why the employer acted, and the characteristic must be part of the reason. It does not have to be the only or main reason, and it can count even if the employer did not realise it, but it must be more than a trivial part.

Proof: you first need facts from which the tribunal could decide there was discrimination if there were no adequate explanation. If you have those, it is then up to the employer to prove it did not discriminate. Reasonable adjustments are different: they are about removing a disadvantage, not the employer's motive.

Deadlines you must meet

• Most claims: 3 months less 1 day, including discrimination.
• Your exact date depends on your facts: see our tribunal deadline guide.

Traps

• The Equality Act 2010 does not apply in Northern Ireland.
• The Great Britain right to ask for flexible working from day one does not apply here. You need 26 weeks.
• There is no Acas early conciliation in Northern Ireland. Use the LRA.