To say menopause symptoms can have a significant impact on women at work is an understatement. New guidance was published a year ago – if menopause symptoms amount to a disability under the Equality Act 2010 employers will be under a legal obligation to make reasonable adjustments – a failure to do so can result in disability discrimination.
With nearly 4 million women aged 44-55 employed in the UK and women over 50 representing a significant and growing percentage of the workforce, there are few workplaces where menopause is not being experienced by workers.
Increase in menopause-related tribunal claims
Data from HM Courts & Tribunal Service showed 64 cases cited the menopause in 2022, compared to 204 last year in 2024. The claims concerned included disability, sex and age discrimination, as well as constructive and unfair dismissal.
Disability discrimination cases now account for one in four of total claims referred to ACAS.
Menopause and the law
Plans outlined in the Employment Rights Bill could result in many more menopause-related claims. Specifically, the move to make unfair dismissal a day-one right, combined with the requirement for organisations to publish equality plans incorporating a commitment to supporting staff experiencing menopause, may lead to a further increase in cases.
The increase in disability discrimination cases referred to ACAS highlights a rising trend in mental health problems, which includes menopause-related conditions like depression, stress and anxiety, being recognised as disabilities.
Symptoms and awareness
Menopause can cause:
• more than 30 frequently reported symptoms, all of which can impact an employee’s comfort, productivity and workplace relationships
• cognitive issues like memory lapses, brain fog, concentration difficulties, and reduced confidence, which can be seen as performance problems
• physical symptoms including hot flushes, fatigue, sleep disturbances, joint pain and headaches.
Although awareness of mental health and other disabilities has grown in the workplace, the extent to which menopause can constitute a disability is still a major blind spot for many employers.
At a time when employers are putting more pressure on employees to return to the office, employees experiencing menopause symptoms may benefit from home working for the following reasons:
• avoiding a stressful commute reduces exhaustion and allows for better time management.
• a flexible schedule means she can adjust her working hours around symptoms, such as working during peak energy times.
• reduced workplace stress because there is a pressure to ‘push through’ symptoms in a traditional office setting which is obviously absent when working from home.
Disability and the law
The phrase ‘not all disabilities are visible’ only entered popular usage recently but highlights the common misconception that many still hold when thinking of a disability.
While dementia and schizophrenia are widely recognised as serious mental disorders, there is increasing acceptance that less defined conditions such as depression and anxiety, which can be symptoms of menopause, can also be considered disabilities for the purposes of employment law.
A condition must have a ‘substantial and long-term adverse effect’ on an individual to qualify as a disability, but this is a highly subjective test, which can only be determined on a case-by-case basis and is open to widely differing interpretations. This leaves the door open for unsympathetic employers dismissing genuine menopausal symptoms, with the ensuing risk of employment tribunal claims as a result.
Employer action
The increase in disability discrimination cases linked to menopause indicates a need for improved training for HR professionals and line managers in handling and supporting employees affected by menopause. Many managers likely lack sufficient understanding of the symptoms employees might face and aren’t creating a supportive environment that encourages open discussions about their experiences and potential improvements to their work conditions and workloads. Additionally, managers need guidance on managing any disclosures employees may make.
The increase in claims involving menopause highlights the need for organisations to take action to prevent them facing the same fate. HR and line managers will find it easier to stay on the right side of the law if protocols are established and followed. This involves regularly reviewing and updating health and wellbeing policies and ensuring that knowledge and skills are kept up to date, particularly in areas such as menopause where cultural norms are rapidly evolving.
Employers aiming to better support staff experiencing menopause should:
• implement a menopause policy,
• offer flexible working options (including remote work, adjusted start/end times, or flexibility based on the employee’s daily condition),
• adjust temperature control,
• provide access to quiet areas, and
• revise absence management or performance management policies to consider the effects of menopause on employees.
Summary
The menopause tends to affect more experienced employees and so employers risk losing their top talent if they do not support them in a way that ensures that they can continue working.
For advice email nicola.goodridge@goodhr.co.uk or call +44 7917 878384
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