The number of tribunal cases in which employees are alleging menopause-related discrimination is on the rise, prompting a law firm to call for more awareness and support for staff experiencing it.
According to analysis of HM Courts and Tribunals Service figures by Linklaters, the menopause was cited in 10 cases going through employment tribunals in the first six months of 2021, compared with just five in 2018.
Linklaters said it was aware of 49 published employment tribunal decisions that featured allegations about menopause-related detriment.
It predicted that a total of 20 menopause-related cases will go to tribunal this year, based on the rate of growth.
Menopause itself is not a protected characteristic under the Equality Act 2010, but a claim a may be brought on grounds of discrimination related to disability, age or sex.
Earlier this year women and equalities committee chair Caroline Nokes said that MPs were looking into whether menopause should be included as a protected characteristic, which will give employees who experience discrimination better access to compensation.
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Sinead Casey, an employment partner at Linklaters, said the figures demonstrate the need for more awareness and support for menopause at work.
“The menopause remains an infrequently discussed topic in the workplace and lack of communication and understanding may create legal exposure for employers.
“Best practice for employers includes training managerial staff to ensure they are familiar with the symptoms of menopause and are able to deal with issues appropriately and sensitively, considering adaptations that may need to be made to address specific needs of menopausal employees such as ventilation and access to suitable toilet facilities and reviewing relevant policies such as sickness and performance management policies to consider whether adjustments are required to take account of the impact of the menopause.”
Casey said it was important for employers to remember that menopause is experienced by some transgender and non-binary people.
“Equality and diversity training covering age, gender and the menopause is one way to foster a more open and supportive culture,” she added.
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A 2019 CIPD and Bupa survey found that three in five menopausal women were negatively affected at work and almost 900,000 had left their jobs as a result of their symptoms.
Wellbeing service Peppy last month found that more than half of UK businesses (54%) do not currently have any dedicated menopause support in place.
