Partial disability win for healthcare assistant: premature menopause not a disability at work
A tribunal ruled that a healthcare assistant's left shoulder, lower back and wrist impairments were disabilities, but her premature menopause was not because it only affected her sexual life, not her professional life.
1 min read · Last updated 18 May 2026
Case details
- #disability-status
- #preliminary-hearing
- #multiple-impairments
- #premature-menopause
- #soft-tissue-injuries
- #chronic-pain
- #time-limits
Key facts
- The claimant worked as a healthcare assistant at Imperial College Healthcare NHS Trust on fixed-term contracts from May 2020 to October 2021.
- She had multiple physical impairments including left shoulder, lower back, left wrist, headaches, neck, heart symptoms, leg conditions, and premature menopause.
- The tribunal found that the left shoulder impairment, lower back impairment, and left wrist (combined with others) were disabilities under the Equality Act 2010.
- The claimant's premature menopause was not found to be a disability because its only substantial adverse effect was on her sexual life, not her professional life.
- The race and religion/belief discrimination claims were dismissed as out of time, and some disability and age claims were struck out for no reasonable prospect of success.
Timeline
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Start of fixed-term contract
Claimant began working as a healthcare assistant on a fixed-term contract at Imperial College Healthcare NHS Trust.
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Left wrist injury at work
Claimant sustained a new injury to her left wrist at work, exacerbating chronic wrist problems.
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Reduction of shifts due to pain
Claimant reduced her shifts from 14 to 8 per month due to pain from her impairments.
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Job interview for new contract
Claimant interviewed for a new fixed-term contract but was not selected.
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Informed of non-selection
Claimant was told she had not been selected for the new contract.
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Fixed-term contract expired
Claimant's fixed-term contract ended; she continued working on the nursing bank.
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Early conciliation started
Claimant started ACAS early conciliation, which was more than 3 months after the non-selection.
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Claim presented to tribunal
Claimant presented her ET1 claim form to the employment tribunal.
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First preliminary hearing (disability)
Employment Judge Joffe held a preliminary hearing to determine disability status of various impairments.
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Second preliminary hearing (time limits and strike out)
Employment Judge Goodman held a preliminary hearing to decide time limit issues and strike out applications.
The legal issue
The tribunal had to decide whether each of the claimant's multiple physical and mental impairments—including soft tissue injuries, chronic pain and premature menopause—met the legal definition of disability under the Equality Act 2010, and whether certain claims were brought too late or had no reasonable prospect of success.
The outcome
The tribunal partially granted the claimant's disability status. It found that her left shoulder, lower back and left wrist (taken together with other impairments) were disabilities during the relevant period (April to October 2021). However, her headaches, neck condition, right wrist, heart symptoms, leg conditions and premature menopause were not disabilities.
Separately, the tribunal dismissed her race and religion/belief discrimination claims as out of time, and struck out some disability and age claims for having no reasonable prospect of success.
No compensation was awarded at this preliminary stage.
Lessons & takeaways
- To be a disability, an impairment must have a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities—including work-related activities.
- An impairment that only affects your private or sexual life, but not your professional life, is unlikely to qualify as a disability under the Equality Act.
- If you have multiple impairments, the tribunal can assess their combined effect when deciding whether you are disabled.
- Time limits for bringing discrimination claims are strict—you usually have three months from the act you are complaining about, and ACAS early conciliation does not reset the clock if you start it too late.
What this case shows
This case illustrates how employment tribunals assess disability status when a claimant has multiple physical and mental impairments. The healthcare assistant had a range of conditions—shoulder, back and wrist problems, headaches, neck pain, heart symptoms, leg conditions and premature menopause. The tribunal examined each one separately, and also considered whether they combined to have a substantial adverse effect on her daily life.
The key finding was that her left shoulder, lower back and left wrist (together with other impairments) were disabilities. These caused her significant pain and forced her to reduce her shifts from 14 to 8 per month. In contrast, her premature menopause was not a disability because its only substantial effect was on her sexual life, not on her ability to work or carry out normal day-to-day activities.
What the trust could have done differently
Imperial College Healthcare NHS Trust argued that the claimant's impairments were not disabilities, but the tribunal disagreed for three of them. The trust could have avoided the cost and time of a preliminary hearing by accepting disability status for these impairments earlier, or by obtaining its own medical evidence. However, the trust was successful in challenging the other impairments, including the menopause claim.
Why this matters
This case is a reminder that disability status is not an all-or-nothing decision. Claimants with multiple conditions need to provide clear evidence of how each impairment affects them at work. Employers should not assume that a condition like premature menopause automatically qualifies as a disability—it depends on the specific impact on the individual's working life. The case also highlights the importance of bringing claims within strict time limits, as several of the claimant's claims were dismissed for being out of time.
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