MENOPAUSE
Menopause related claims on the rise in the Employment Tribunal
What happens in the absence of specific laws in place to support employees experiencing menopausal symptoms in the workplace? Well, employees are taking to the Tribunal to litigate their concerns.
We have seen a significant rise in menopause-related claims in the Employment Tribunal, tripling in the last two years - with 204 claims in early 2025 compared to 64 in 2022. Statistically, lack of support for menopausal employees also impacts retention significantly – with 52% of women surveyed stating that they lost confidence at a work.
This pattern is evidence that employers need to be thinking proactively about attitudes and understanding of menopause within the workplace. Retaining and supporting menopausal employees will not only benefit company retention and productivity, but also avoid potential litigation risk.
Protected characteristics
Focusing on the legal aspects, employees experiencing menopausal symptoms present a unique issue in the way that they find themselves a cross-section of potential protected characteristics: combining age, sex and disability.
“…if an employee finds themselves at a disadvantage at work due to menopause symptoms, this could be discrimination on the grounds of disability, sex or age. Employers also need to consider any potential impact on transgender colleagues who may experience menopausal symptoms.”
Menopause can be considered a disability under the Equality Act if its symptoms cause a substantial and long-term adverse effect on an employee's ability to carry out day-to-day activities. Common symptoms can last years, including both psychological issues (anxiety, mood swings, impacts on memory and concentration) and physical (hot flushes, sleep disturbance, headaches). Disability discrimination claims alone have also seen a significant rise in the Tribunal, up almost 28% in the first quarter of 2025.
This means that if an employee finds themselves at a disadvantage at work due to menopause symptoms, this could be discrimination on the grounds of disability, sex or age. Employers also need to consider any potential impact on transgender colleagues who may experience menopausal symptoms.
Practical steps
So what can employers do to support employees experiencing menopause?
Raise awareness and educate: Ensure that all employees, especially managers, are aware of menopause and its potential impact. Provide training sessions to educate staff on how to support colleagues going through menopause, to avoid any inadvertent poor decisions based on a lack of understanding.
Implement supportive policies: Develop and implement policies that specifically address menopause. This could include a route to request flexible working arrangements or reasonable adjustments to assist with symptoms. Both ACAS [RR2] and the EHRC [RR3] have great guidance in place that might help.
Create an inclusive environment: Foster a workplace culture where employees feel comfortable discussing menopause. Encourage open conversations and provide resources such as employee assistance programs.
Make reasonable adjustments: Be proactive in making reasonable adjustments for employees experiencing menopause symptoms. This could involve changes to their work environment, duties, or hours. Treating everyone the same regardless of their circumstances is a one way ticket to Tribunal liability, so management should be encouraged to find flexible solutions.
Monitor and review: Regularly review your policies and practices to ensure they are effective and up-to-date. Seek feedback from employees and make improvements as necessary.
The aim is to create a supportive and inclusive workplace for employees going through menopause, and by doing so, improve retention and avoid increased litigation risk.
