Is Your Business Ready to Handle Menopause in the Workplace?
Over the past two years, menopause in the workplace employment tribunal claims in the UK have more than tripled. This sharp rise is a clear signal. Workplaces are not yet where they need to be when it comes to supporting menopausal employees. And for employers, that gap isn’t just a matter of culture – it’s a legal risk.
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We support businesses through a rapidly evolving employment landscape. The increase in menopause in the workplace claims is one of the most pressing issues facing employers today. In this blog, we explore what’s driving the trend, how it intersects with UK employment law, and what proactive steps business leaders, HR teams and managers should take now to avoid ending up at tribunal.
Menopause in the Workplace Claims on the Rise
According to recent Ministry of Justice data, the number of employment tribunal claims citing the menopause has tripled in just two years, rising from 64 in 2022 to 204 so far in 2025. While this might still seem like a relatively small number nation-wide, it's worth remembering that these are only the cases that reach tribunal. Many more concerns about menopause in the workplace are raised informally or settled before a claim is issued.
The increasing visibility of menopause in the public sphere means that more employees are aware of their rights and more willing to speak up when those rights are not respected.
Why Is This Happening?
1. Growing Awareness
Employees are increasingly aware that the menopause is not just a medical or personal issue – it’s a workplace issue. From hot flushes and fatigue to anxiety and memory difficulties, the symptoms can have a profound effect on day-to-day performance. If employers fail to acknowledge this, it may result in claims of discrimination, unfair treatment or constructive dismissal.
2. Lack of Support and Understanding
Too many workplaces still lack clear menopause policies, manager training, or supportive practices. Where adjustments aren’t offered, or where menopause-related symptoms are dismissed or mocked, claims can arise on a number of legal grounds.
3. Legal Routes Are Clearer
While the menopause is not a protected characteristic in its own right, under the Equality Act 2010, employees can bring claims of age, sex, or disability discrimination. Recent tribunal decisions have shown that menopause symptoms can, in some circumstances, meet the definition of a disability. This should trigger an employer's duty to make reasonable adjustments.
What Are the Legal Risks for Employers?
Sex Discrimination
Claims may arise where a menopausal employee is treated unfairly, harassed, or subjected to derogatory comments linked to their gender and age. Dismissing symptoms as "women's problems" or failing to take concerns seriously can easily form the basis of a sex discrimination claim.
Disability Discrimination
If menopause symptoms are severe and long-lasting enough to amount to a disability under the Equality Act, the employer has a duty to make reasonable adjustments. Failure to do so can lead to a disability discrimination claim.
Age Discrimination
Menopause usually affects women between the ages of 45 and 55, which often overlaps with assumptions or biases related to age. If an employee feels that they are being sidelined, overlooked, or stereotyped because of their age and menopause status, they may bring an age discrimination claim.
Constructive Dismissal
In serious cases, where an employer fails to provide adequate support or creates a hostile environment, an employee may resign and claim constructive dismissal. These cases often cite breaches of the implied duty of trust and confidence.
Tribunal Menopause in the Workplace Cases
Here are a few real-life examples from recent menopause in the workplace tribunals that highlight how menopause issues can escalate.
Merchant v BT plc (2012)
In Merchant v BT plc (2012), the tribunal found that BT had acted unfairly and discriminated on the grounds of sex when a manager failed to follow the company’s own guidance, of investigating health related conditions when dealing with performance, and dismissed the employee’s menopause-related symptoms.
The case revolved around Ms. Merchant, an employee of British Telecommunications plc (BT), who was dismissed for poor performance. Ms. Merchant had been experiencing symptoms associated with menopause, which she asserted were affecting her concentration at work. She had formally communicated this to her manager and provided a letter from her GP to substantiate her health condition.
Despite being made aware of Ms. Merchant's health issues, her line manager proceeded with a performance management process that ultimately led to her dismissal. Crucially, the manager chose not to follow BT's own internal procedures, which stipulated that health-related factors for underperformance should be investigated. Instead, the manager reportedly based his understanding of the menopause on his own wife's experience, dismissing the specific impact on Ms. Merchant.
Davies v Scottish Courts and Tribunals Service (2018)
In Davies v Scottish Courts and Tribunals Service (2018), the claimant succeeded in her unfair dismissal and discrimination arising from disability claims after she was disciplined, and dismissed, for behaviour linked to severe menopausal symptoms (memory in this case).
The incident leading to the employee’s dismissal involved a moment of confusion, a direct consequence of her condition. Ms. Davies was taking medication for cystitis which needed to be dissolved in water. During a court session, she briefly left her desk where she had a water jug. On her return, she noticed the jug was empty and saw two male members of the public drinking from it. Suffering from memory loss, she could not recall if she had already put her medication in the water. She expressed her concern to the men that they may have ingested her medication, which caused a significant disturbance.
An investigation later confirmed that the medication had not been in the water, as it would have been visibly pink and had a distinct taste. Despite an occupational health report confirming that her menopausal symptoms included memory loss, the SCTS proceeded with a disciplinary hearing. They concluded that Ms. Davies had lied and knowingly caused the incident, thereby bringing the service into disrepute. She was subsequently dismissed for gross misconduct.
The tribunal ruled that given the employees menopausal symptoms her employer had failed to consider less severe sanctions to dismissal.
A v Bonmarche Ltd (In administration)
In A v Bonmarche Ltd (In administration), the claimant was subjected to repeated and demeaning comments about her age and the menopause by her manager. The tribunal found she had been unfairly dismissed and discriminated against because of age and sex.
The employee had a good working relationship with her male store manager until May 2017, when she began to experience menopausal symptoms.
Following the onset of her menopause, the manager's attitude towards her changed dramatically. The tribunal heard that he subjected her to a sustained period of humiliating treatment, which included:
- Derogatory Comments: He frequently made disparaging remarks about her being menopausal, on one occasion criticising her for a minor error by relating it to her condition.
- Public Humiliation: The manager called her a "dinosaur" in front of customers and ridiculed her in front of younger members of staff, who would laugh at his comments.
- Refusal of Support: He refused to discuss her menopausal symptoms with her or make reasonable adjustments, such as altering the shop's temperature to help with her hot flushes.
- Retaliation: After the claimant escalated her concerns to senior management, who failed to take any action, the manager's treatment worsened.
This prolonged harassment had a severe impact on the claimant's mental health, leading to her suffering a breakdown in November 2018. Upon her return to work, the manager was described as "cold and threatening," which ultimately led to her resignation in December 2018.
These cases show that tribunals take menopause in the workplace claims seriously – especially where the employer has failed to listen, accommodate or treat the issue with the sensitivity it deserves.
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What Should Employers Do?
1. Review Your Policies
Does your business have a menopause in the workplace policy? If not, it’s time to introduce one. It doesn’t have to be long or complicated, but it should:
- Acknowledge menopause as a workplace issue
- Set out the support available
- Clarify the responsibilities of managers and HR
- Offer guidance on flexible working and adjustments
Including this in your staff handbook can help demonstrate a commitment to supporting affected employees and reduce the risk of claims.
2. Train Your Managers
Many tribunal cases arise because line managers either don’t understand menopause or don’t take it seriously. Training is essential, especially for those with supervisory responsibility.
Managers should know:
- How menopause can affect people differently
- What adjustments might be appropriate
- How to have sensitive conversations without overstepping boundaries
3. Be Prepared to Make Reasonable Adjustments
If an employee is struggling due to menopause symptoms, consider adjustments such as:
- Flexible hours
- Home working options
- Access to rest areas
- Adjustments to uniforms or temperature controls
Even small changes can make a big difference, and they show that your business is acting responsibly.
4. Create an Open Culture
Encourage a workplace where people feel safe discussing health issues without stigma. This includes:
- Signposting support
- Making it clear that discriminatory comments won’t be tolerated
- Encouraging leadership to speak openly and lead by example
How Winston Solicitors Can Help with Menopause in the Workplace Policies
We support employers across the UK to navigate sensitive workplace issues with clarity, compassion and legal confidence. With the rise in menopause-related claims, there’s never been a better time to review your approach and make sure your business is protected.
Our services include:
- Drafting or reviewing menopause and wellbeing policies
- Training for managers and HR teams
- Advice on reasonable adjustments and flexible working
- Support with grievances and internal complaints
- Representation in tribunal proceedings
Whether you’re a small business without in-house HR or a large organisation looking to strengthen your policies, we can help you create a workplace that’s fair, inclusive, and legally sound.
The Rise in Menopause in the Workplace Claims is a Reality Check
The rise in menopause in the workplace tribunal claims is not just a trend – it’s a wake-up call. The message from the Employment Tribunal is clear. Employers must take menopause in the workplace seriously. That means understanding your legal obligations, supporting your staff, and creating an environment where people can thrive throughout every stage of their working life.
If your business needs help reviewing its policies or handling a menopause in the workplace issue, get in touch with our Employment Law team today.
Let’s work together to get it right for your people and your business.
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