If you’ve been following my work for a while, you’ll know that I am passionate about raising awareness of menopause in the workplace. As a HR consultant, I’ve seen first-hand how a lack of understanding and support negatively impacts both employees and businesses. And let’s be honest, this isn’t an issue we can afford to ignore any longer.

From rising sickness levels to performance dips and even legal claims, menopause is becoming a workplace issue that demands attention. But with the right approach, employers can minimise risks, create an inclusive environment, and retain valuable talent.

In this month’s blog post, I’m exploring how you can minimise these risks in your business.

The Reality of Menopause in the Workplace

Menopause affects half the population at some point, yet it remains one of the least discussed workplace challenges. Let’s look at the numbers:

Sickness levels

• 48% of menopausal women admit to lying about the reason for their absence rather than being honest and saying they were off due to their menopausal symptoms

• 39% are embarrassed to talk about their menopause to their manager

Performance levels

• 41% of women feel their abilities will be questioned if they admit to being menopausal

• 46% were worried it would be perceived negatively

Loss of talent

• 8% of menopausal women do not apply for a promotion

• 14% have gone part time

• 13% consider early retirement and 3% have taken it
• 10% of menopausal women have left the workplace

• 41% have witnessed menopause or menopause symptoms being treated as a joke by their work colleagues

Ignoring menopause isn’t just a personal issue, it’s a business one.

With the cost to replace an employee earning £25K averaging £30,614, employers must ask themselves:

Can we afford to lose experienced, skilled staff over something preventable?

The Rise in Employment Tribunals

Employment tribunals related to menopause have surged in recent years.

Between 2019 and 2020, menopause-related claims increased by 44%, followed by another 40% rise in 2021-2022, and more recently, claims have actually tripled in the last 2 years. With the introduction of the Employment Rights Bill*, this trend is expected to continue.

*the Employment Rights Bill includes plans to make unfair dismissal a day one right and the introduction of Menopause Action Plans which will seek a commitment for all employers to commit to supporting their menopausal colleagues.  In fact, according to ACAS, disability discrimination claims now account for 25% of claims referred to ACAS.

Remember that an individual’s symptoms and their daily impact may fall under the Equality Act definition of a disability:

“… you are disabled under the Equality Act if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.”

Six key cases illustrating the risks:

1 – Merchant v BT Plc (2012)

This was the first menopause related tribunal case which established the employee was subject to less favourable treatment as a result of her menopause symptoms which were adversely affecting her performance.

She was undergoing performance management and had provided evidence from her GP that she was going through the menopause and this can ‘affect her level of concentration at times’.

However, her line manager did not consider the impact of her menopausal symptoms on her ability to perform in her role, instead, he relied on his own knowledge of the menopause based on his wife’s experience and her symptoms.

The line manager did not seek any further medical or expert opinion i.e. an Occupational Health referral, despite having referred male colleagues to occupational health when their performance was affected by health issues.

Merchant was dismissed due to poor performance and she brought a claim for unfair dismissal and direct sex discrimination.

The tribunal upheld the claims and stated that the manager would never have adopted this ‘bizarre and irrational approach’ with other non-female related conditions.

2 – Davies v Scottish Courts and Tribunals Service (2017)

Davies was a court officer suffering with perimenopausal symptoms which included memory loss, heavy bleeding, feeling emotional and she lacked concentration at times.

She was being treated for cystitis and she had to drink her medication which was diluted in water.  She took the medication and a jug of water to work on 27th February 2017.  After an adjournment, she returned to court and saw that her items had been moved and water jug emptied but saw two individuals drinking from a jug of water.

Concerned she asked where they had got the water from and explained that this may have her medication in it but couldn’t 100% remember if she had put the medication into the water.

Davies was dismissed due to her forgetful and confused behaviour – both of which were symptoms of her perimenopause.

She successfully claimed unfair dismissal and discrimination arising from disability and received £14,009.84 in respect of arrears to pay and £5000 for injury to feelings.

3 – Rooney v Leicester City Council (2023)

This case set a legal precedent, confirming menopause symptoms can qualify as a disability under the Equality Act 2010.

Rooney was a social worker for 21 years with 12 years as a Children’s Social Worker for Leicester City Council.

In 2017, Rooney started to suffer from menopause symptoms, anxiety and depression. Towards the end of 2017, Rooney started a period of sick leave and upon her return, she was issued with a formal warning which she unsuccessfully appealed.

Rooney resigned in October 2018 and it is reported that she received unfavourable treatment related to her absences and inappropriate comments about her menopause symptoms.

Rooney submitted claims of constructive unfair dismissal, sex and disability discrimination and harassment and victimisation.

The case went to tribunal in November 2019 and was not successful so Rooney took her case to the Employment Appeals Tribunal (EAT).

The EAT decision was the first in that menopause symptoms can amount to a disability for the purposes of the Equality Act, setting a legal precedent which meant that this case made legal history.  This was all over the media in 2023 and the Equality and Human Rights Commission are supporting this tribunal claim for ‘menopause discrimination’.

4 – A v Bonmarche Ltd (2019)

In this case, the claimant had worked in retail for 37 years and was always a high achiever but in May 2017, she began to experience menopausal symptoms.

Her male manager would demean and humiliate her in front of other employees who were younger and would laugh at the managers comments.  The manager made comments in front of customers such as calling her a ‘dinosaur’ and continually and unreasonably criticising her.

On one occasion he criticised her for failing to staple two pieces of paper and stated this was due to her having menopausal moments and refused to adjust the temperature in the shop; refusing to make reasonable adjustments despite being aware of her condition.

The claimant took sick leave due to anxiety and depression and when she returned, she asked for a break to take her medication and was told she was ‘pushing her luck’.

She reported this manager’s behaviour but nothing came of it.

In November 2018, she suffered a breakdown and upon her return to work, her manager was very cold and threatening towards her so she felt that she had no option but to resign.

The tribunal upheld her claims for constructive unfair dismissal, sex and age discrimination.  She was awarded £10,000 for compensation for loss of wages and £18,000 for injury to feelings.

5 – Lynskey v Direct Line Insurance Services Ltd (2023)

Lynskey worked as a telesales consultant between 2016 and 2022 and, within her role, had been required to meet ‘normal’ performance standards despite her struggling to meet these due to her symptoms of menopause which included low mood, anxiety, mood swings, effects on her memory and poor levels of concentration.

In June 2020, she was transferred to a different role with fewer targets and complaints to deal with but this led to a ‘financial loss for the claimant’.  Over the following months, her performance struggles were described as a ‘confidence issue’ and continued to be criticised.

In January 2021, she was informed that she would not be receiving a pay increase because her performance had been rated as ‘need for improvement’ and formal proceedings commenced in April 2021.

During a period of sickness where the claimant believed she had only received half of her entitlement to paid sick leave, her manager informed her that the company would no longer continue to pay her sick pay because her level of absence was ‘unsustainable’.

Upon her return, she was refused a round of refresher training that had been recommended in an occupational health report as the business claimed there was no money in the budget to cover it.

Lynskey resigned in May 2022 and brought a claim of constructive unfair dismissal and a claim that the company had breached the Equality Act 2010.

The tribunal found that there was a failure to make reasonable adjustments and that she was treated unfavourably because of a disability.

Lynskey was awarded almost £65,000 for injury to feelings, aggravated damages and more for loss of past and future earnings plus interest.

6 – Farquharson v Thistle Marine

Farquharson was told to ‘just get on with it’ after being off work ill due to her menopause symptoms.

Her symptoms were dismissed by the Managing Director as ‘aches and pains’ and her Managing Director said that she used the menopause as an ‘excuse for everything’.

Farquharson was off work with stress and then resigned from the engineering firm before successfully suing the company for unfair dismissal and harassment and receiving a payout of £37000.

This gives us an idea of the situations that could lead to tribunal claims and a couple of years ago, the Government at that time decided that menopause would not be a protected characteristic under the Equality Act and this divided opinion.

Personally, I believe this to be true as many women will sail through it, having none or hardly any symptoms but for the 25% who describe their symptoms as severe, if the impact of their symptoms fall under the definition, employers are exposing themselves to risks of discrimination claims under the protected characteristics of disability and also potentially age and sex.

In 2022, The Fawcett Society held a landmark study and produced the Fawcett Report which found that ‘menopausal women are being let down by their employers’.

In early 2024, the Equality and Human Rights Commission gave guidance to all employers to support their menopausal colleagues and later in 2024, we saw the Labour Government announce their plans which could see all workplaces with 250+ headcount to be required to have menopause action plans.

If businesses fail to support menopausal employees, they risk costly legal battles, reputational damage, and high staff turnover. So, what can you do to mitigate these risks?

How Employers Can Take Action

1 – Educate your managers and leaders

No one is expected to be an expert but to have understanding and empathy.

There may be situations where you cannot help an employee anymore but are you sure that your managers have done everything they can to help and support your menopausal employees?

Providing training on menopause-related challenges and legal responsibilities will ensure your managers and leaders have the knowledge required to support your menopausal employees.

2 – Tailor your support

Everyone is different and as we have seen in Merchant v BT, we cannot approach menopause as a ‘one size fits all’, everyone is different, their symptoms will be different so their support needs to be tailored to meet their needs

Simple solutions like flexible working, desk fans, or regular check-ins can make a huge difference.

3 – Make reasonable adjustments

Very often managers go into panic mode and think this means complex and costly solutions, whereas in reality, it is usually the opposite.

Ask the individual what would help them – it could be following up a meeting by emailing out their actions to aid their symptoms of memory loss.

The Equality Act 2010 requires employers to accommodate disabilities, and menopause may qualify.

Adjustments don’t have to be costly – think flexible hours, remote work, or rest areas.

4 – Raise awareness of menopause within your organisation

Provide education and awareness sessions for all colleagues to attend.

Some individuals may be suffering from menopause symptoms and have no idea this is what it is, I have seen many lightbulb moments where someone realises, this is me!

Also, non-menopausal colleagues can have an increased understanding and empathy

5 – Launch a menopause support group

Where colleagues can have a safe space to talk to like-minded colleagues and gain support, and introduce Menopause Champions – train a group of colleagues to act as dedicated menopause champions, providing support and serving as an additional resource for colleagues.

Consider inclusion training to create a respectful and supportive workplace, ensuring menopause is discussed appropriately and not treated as the subject of jokes

6 – Create a menopause action plan

Specific to your organisation, ensuring employees know what support is available and how to access it. You can also incorporate menopause considerations into other HR policies.

7 – Menopause Coaching

Invest in 1:1 or group coaching to empower your menopausal colleagues

8 – Don’t leave out the men

Whilst menopause directly impacts 51% of the population at some point in their lives, it also indirectly affects the remaining 49%.

Men are impacted through their partners, friends and colleagues so an increased understanding helps them to support their colleagues and loved ones but have you thought about the direct impact on them?

What about the men who are struggling to sleep because their menopausal partner has the window open, the duvet off and is pacing the room?

Are you supporting their levels of fatigue and impact on their performance?

This is especially vital if they work in a safety critical role

9 – Be inclusive

Is your support inclusive?

Are you supporting transgender, non-binary and gender questioning colleagues?

Do they know that support is available and where to access it?

Make sure that you have a Menopause Policy and employees know where to access it.

The Business Case for Action

A menopause-inclusive workplace isn’t just about legal protection, it’s about creating a culture where employees feel valued, supported, and able to perform at their best.

By taking proactive steps, employers can:

• Reduce absenteeism and improve productivity.
• Retain experienced employees.
• Create a positive and inclusive workplace culture.
• Avoid costly tribunal claims and reputational risks.

With the rising risk of tribunal claims and increased government focus on menopause in the workplace, now is the time to act.

If you’re not sure where to start, I can help.

Whether it’s manager training, policy development, or menopause coaching, I can support your organisation in building a workplace where menopausal employees thrive rather than struggle.

By working with me, you’ll not only safeguard your organisation’s future but also create a menopause-inclusive workplace where employees feel valued, supported, and empowered to thrive.

Get in touch here.

Alison x