Earlier this week, the Employment Appeal Tribunal published a decision in a case involving a woman with endometriosis. The Appeal Tribunal found that the original Employment Tribunal had failed to properly apply the law.
Specifically, the Appeal Tribunal said that the original Tribunal had been "wholly inadequate" in its analysis of whether this particular case of endometriosis constituted a disability under the Equality Act 2010. It criticised the original ruling for having "failed to consider" the impact of the disease on the claimant.
The Appeal Tribunal also noted that the original ruling "made highly adverse comments about the claimant's credibility and relied on them to prefer the respondent's evidence to that of the claimant in all respects where there was any conflict, to the extent of totally disregarding what the claimant said in her impact statement".
As such, parts of the original judgment - including its findings around disability and disability discrimination - are now void. These parts of the case will now be heard again by a new Employment Tribunal.
Wider implications
The judgment is a reminder of what has long been accepted - that endometriosis may constitute a disability, but that this must be assessed on an individual basis, taking into account the specific effects on that person.
It does not mean that all cases of endometriosis will automatically be considered a disability. It is also important to remember that those with endometriosis may not choose to use the term 'disabled' or 'disability' to refer to themselves and their condition.
Endometriosis UK welcomes this reinforcement that endometriosis can be considered a disability under the Equality Act. This case illustrates ongoing challenges, which we know are faced by many of those with endometriosis, in having their condition understood in the workplace and in the legal system itself.
Emma Cox, CEO, Endometriosis UK, said: "All too often, endometriosis and its impacts are not properly understood in the workplace. This appeal ruling makes clear that those living with it may be protected from discrimination by the Equality Act, and raises concerns that endometriosis is not properly understood by the legal system.
"Endometriosis UK continues to call for improved training and understanding of endometriosis among employers, HR professionals, and in the legal system.
"People with endometriosis deserve workplaces that support them to thrive. This is why we work with employers through our Endometriosis Friendly Employer scheme and the Menstrual Health at Work scheme, and why we continue to campaign for stronger protections for those with endometriosis in employment law."
