Menstrual Pain as a Disability? Insights from a Recent Employment Tribunal Case.

Menstrual health is an often overlooked but critical workplace issue with growing legal implications, as highlighted by the recent employment tribunal case of Platukyte v Secretary of State for Justice.

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This case has clarified that supporting staff with menstrual health issues, including providing reasonable adjustments like remote work, is not just good practice but a legal obligation under equality laws. Employers who fail to act risk discrimination claims and significant compensation payouts, making it imperative to understand and address this often-neglected area of workplace health and inclusion.

The claimant works for the Ministry of Justice (MOJ) as an administrator. She suffers from painful and debilitating menstrual symptoms related to her symptoms including migraines, severe pain leading to vomiting and loss of consciousness, heavy bleeding, above average abdominal pain, severe constipation causing excessive gas and bloating. 

These symptoms often prevented her from commuting to the office and therefore the majority of her symptoms impacted her for five days each month. She was able to manage her symptoms by working from home. 

When the MOJ changed its working from home policy in 2022, the claimant was told that she had come into the office five days a week. When her symptoms were bad, she had to speak to her line manager and if they couldn't accommodate home working on a particular day, her absence would be treated as sickness.

Ms Platukyte made a number of requests to work from home when her symptoms were particularly severe. Some of these were denied because there was insufficient work for her to do from home.

Consequently, the MOJ’s formal procedure for managing sickness absence was triggered and she was issued with a series of warnings and eventually a final written warning.

The claimant lodged a claim with the Employment Tribunal (ET) alleging discrimination arising from disability and failure to make reasonable adjustments. 

The MOJ accepted that the claimants’ symptoms amounted to a disability and conceded that it had failed to make reasonable adjustments on a number of occasions and had discriminated against her by imposing warnings for reasons linked to her disability. 

The tribunal upheld both claims and awarded her £29,065 in compensation. 

What Employers should know

Menstrual pain itself is not automatically classed as a disability, but where symptoms are severe, long-term, and limit day-to-day activities, employees may be protected under the Equality Act 2010. This triggers a duty for employers to make reasonable adjustments, and to avoid unfavourable treatment or penalising their employees for reasons linked to the condition.

In a climate where organisations are issuing return to work mandates for employees, businesses should be aware of the disproportionately effect of these mandates on some groups, conduct risk assessments to mitigate any risks or disadvantages wide sweeping changes can have. 

Practical Implications for SMEs & Start-Ups

1. Sensitive Absence Management Before applying formal absence policies, engage in conversations to identify if absences may relate to menstrual pain or, any other underlying health condition, which can be irregular and not always explicitly disclosed.

2. Reasonable Adjustments Consider practical workplace adjustments like flexible hours, remote working, or access to comfort aids that enable affected employees to maintain productivity without needing to take sick leave.

3. Supportive Workplace Culture Foster an empathetic and non-judgmental environment where employees feel safe to discuss menstrual health issues or have confidential alternatives if they prefer privacy.

4. Beware of the Legal Context Recent employment tribunal rulings confirm severe menstrual pain can be a disability requiring reasonable adjustments under the Equality Act 2010, highlighting the legal importance of supportive workplace policies.

   
   

Protean HR: Supporting Small & Scaling Businesses

Small and growing businesses may worry that managing sensitive conditions and requests can be complex—but help is available. 

Protean HR's expertise in employment law, compliance, and practical HR support makes us the ideal partner to help businesses:

• Train managers to handle health-related absence, remote work requests, and discussions about workplace adjustments confidently.

• Review and update absence, disability, and flexible working policies so they are compliant, fair, and sensitive to hidden health conditions.

• Implement clear processes for reasonable adjustments and create an open environment where employees feel safe to disclose symptoms.

• Guide business leaders on risk management, EHRC guidance, and best practice standards around menstrual and other health-related workplace issues.

• Support implementation of agile HR practices so smaller businesses can respond swiftly and proactively, protecting both employees and business interests.

  
  

Protean HR offers tailored training, policy review, and hands-on support so employers can manage requests with confidence, comply with legal obligations, and foster an inclusive workplace culture. If your business is unsure about its responsibilities, or wants to create a more supportive environment for all staff, contact Protean HR for guidance and practical solutions.

#ReturntoOfficeMandates #ReasonableAdjustments #MenstrualHealth #Risksand Compliance.