The Disability Discrimination Act 1995 test, reasonable adjustments, flexible working after 26 weeks, and the LRA.
Employees in Northern Ireland affected by the menopause at work, who want to know what their employer must do.
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.
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.
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.
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.
Equality Commission for Northern Ireland: 028 9050 0600. Enquiries about equality or discrimination at work.
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights.
Advice NI: 0800 915 4604
Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.
Check My Rights →Comments are loading…
UK Work Rights is completely free and always will be. If this guidance helped you, a small donation helps keep the site running and updated for everyone.
100% goes to running and maintaining this free service. No pressure — the guidance is always free.