The number of menopause-related employment tribunal claims has more than trebled in two years, new analysis has revealed.
Data from HM Courts & Tribunal Service showed 64 cases cited the menopause in 2022, compared to 204 last year.
Law firm Nockolds found that the claims concerned included disability, sex and age discrimination, as well as constructive and unfair dismissal.
It believes the spike in cases is due to employers grappling with the widening definition of disability and warned that plans outlined in the Employment Rights Bill could result in many more menopause-related claims.
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Specifically, it says 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 firm’s analysis of Acas data indicated that disability discrimination claims sent for conciliation have soared by 30%, from 6,545 to 8,496, and now account for one in four total claims referred to Acas.
It says the increase in disability discrimination cases referred to Acas highlights a rising trend in mental health problems, including menopause-related conditions like depression, stress and anxiety, being recognised as disabilities – something that would have been less common a few years ago.
Symptoms and awareness
Menopause has 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 can be seen as performance problems, as well as physical symptoms including hot flushes, fatigue, sleep disturbances, joint pain and headaches.
Joanna Sutton, principal associate at Nockolds, said: “Although awareness of mental health and other disabilities has grown, workplace policies have often not kept pace. The extent to which menopause can constitute a disability is still a major blind spot for many employers.
“Employers are putting more pressure on employees to return to the office and boost their productivity. As a result, employees who are absent or have reduced workloads due to experiencing menopause symptoms, are more likely to be challenged, potentially leading to workplace conflicts.”
She explained that extra rights which will be introduced by the Employment Rights Bill are likely to make menopause-related discrimination claims more common.
Sutton said: “Legislation protecting individuals against disability discrimination including both the initial Disability Discrimination Act of 1995 and now the Equality Act 2010 clearly state that disabilities encompass both physical and mental impairments.
“Many still mistakenly believe that protections are mainly for physical disabilities, a misconception reinforced by the international symbol for disability, which depicts a person in a wheelchair. 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.”
According to Nockolds, even with the increasing recognition of non-visible disabilities, which many attentive employers have adapted to, the definition of mental impairment still surprises many employers.
Sutton said: “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 unscrupulous employees to try to take advantage and deceive their employers but can also lead to 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, claims Nockolds. 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.
Sutton added: “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.
“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.”
The firm suggests that 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.
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