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for Menopause Discrimination
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Experiencing Menopause Discrimination at work?
Our dedicated legal team is here to fight for your rights and secure the compensation you deserve. Menopause discrimination occurs when an individual is unfairly treated due to menopause-related symptoms. At Ricci & Partners, we specialise in guiding individuals through the complexities of menopause discrimination claims, ensuring you receive the justice and fair treatment you deserve.
Understanding Menopause Discrimination
Menopause discrimination is prohibited under the Equality Act 2010, which protects against unfair treatment based on sex, age, and disability. This law covers various settings, including employment, education, goods and services, and associations.
Types of Menopause Discrimination
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Direct Discrimination: Treating someone less favourably due to menopause-related symptoms, such as denying a promotion.
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Indirect Discrimination: Policies or practices that disadvantage those experiencing menopause, like rigid attendance policies.
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Harassment: Unwanted conduct related to menopause that creates an offensive environment.
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Victimisation: Unfair treatment of someone who has complained about menopause discrimination or supported such a complaint.
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Failure to Make Reasonable Adjustments: Not making necessary changes to accommodate menopause symptoms.
Legal Protections Against Menopause Discrimination
The Equality Act 2010 consolidates previous anti-discrimination laws and provides robust protections against menopause discrimination. Employers and service providers must:
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Inclusive Recruitment and Selection: Ensure job adverts, applications, and interviews do not disadvantage those experiencing menopause.
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Fair Employment Terms and Conditions: Provide equal opportunities for training, promotion, and benefits, and make reasonable adjustments.
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Equitable Dismissal and Redundancy: Base decisions on performance and qualifications, not menopause-related conditions.
How to make a Menopause Discrimination Claim
If you believe you’ve been discriminated against, follow these steps to bring a claim:
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Document the Discrimination: Keep records of incidents, including dates, times, locations, involved parties, and any witnesses. Save relevant documents like emails and performance reviews.
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Raise the Issue Internally: Use your employer’s grievance procedure to report the issue to HR or your line manager.
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Seek Legal Advice: Consult an employment law specialist to understand your rights and assess your case.
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ACAS Early Conciliation: Notify the Advisory, Conciliation and Arbitration Service (Acas) and attempt to resolve the dispute through early conciliation.
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Employment Tribunal Claim: If conciliation fails, file a claim with the Employment Tribunal within three months of the discriminatory act. Submit the ET1 form with your evidence.
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Tribunal Hearing: Present your case at the Tribunal, where both parties will provide evidence, and the Tribunal will decide based on the facts presented.
How We Can Help
Navigating a menopause discrimination claim can be complex. Our experienced employment law solicitors offer invaluable support throughout the process:
- Initial Consultation and Case Assessment: We provide an initial consultation to understand your case and explain your rights and options.
- Gathering Evidence: We assist in collecting and organising evidence to support your claim, including documenting incidents and obtaining witness statements.
- Negotiation and Mediation: Our skilled negotiators strive to resolve disputes without Tribunal proceedings, including negotiating settlements.
- Employment Tribunal Representation: We meticulously prepare and present your case at the Tribunal, ensuring robust legal arguments and evidence.
- Post-Tribunal Support: If you win, we help enforce the Tribunal’s decision. If not, we advise on potential appeals or other legal avenues.
Menopause discrimination is not only unjust but also unlawful. It undermines the dignity of individuals and deprives organisations of valuable contributions from employees experiencing menopause. If you are facing menopause discrimination, it is crucial to know your rights and take appropriate action. Our legal team is here to support you every step of the way, ensuring you receive fair treatment and justice. Contact us today for a consultation and let us help you navigate your menopause discrimination claim with confidence and expertise.
Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk
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Frequently Asked Questions
Unfair treatment in hiring, promotions, job assignments, training opportunities, benefits, or termination based on menopause-related symptoms.
If you’ve faced unfavourable treatment or comments related to menopause that others haven’t, you may be a victim. Document all relevant incidents.
Records of discriminatory remarks, unfair treatment, company policies, witness statements, and any documents showing differential treatment based on menopause.
Claims must be filed within three months less one day from the discriminatory act, starting with ACAS Early Conciliation.
ACAS attempts to resolve disputes through conciliation before tribunal proceedings.
You can proceed with a tribunal claim if conciliation is unsuccessful.
Compensation for lost earnings, damages for emotional distress, and sometimes reinstatement or promotion.
Yes, but seek legal advice to understand potential implications.
Costs may include legal fees and tribunal costs; some solicitors offer no-win-no-fee arrangements.
Comprehensive support from consultation to tribunal representation and post-tribunal assistance.
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