Menopause related tribunal claims triple over two years: ten top tips to protect your organisation and get ready for menopause action plans   

A threefold increase in menopause related employment tribunal claims has been reported following analysis of HM Courts & Tribunal Service data between 2022 and 2024.   

Menopausal women form one of the fastest-growing segments of the workforce. With studies showing that up to a third of women will experience severe menopausal symptoms, impacting their quality of life, it is important employers know how they can best support their affected employees and reduce the risk of a claim.

In the case of M Lynskey v Direct Line Insurance Services Ltd, for example, the claimant was awarded over £64,000 for the employer’s failure to accommodate her menopausal symptoms and was criticised for a lack of compassion and understanding.

The legal position:

There are many different ways an employee, or a job applicant, could pursue a successful a menopause-related claim in tribunal. Over the last two years, menopause related claims have been pursued as discrimination claims, linked to protected characteristics of disability, sex and age, as well as constructive and unfair dismissal.

The Equality Act 2010: Although menopause is not a specific protected characteristic under the Equality Act 2010, if an employee is put at a disadvantage or treated less favourably because of their menopausal symptoms, this could amount to discrimination if it relates to age, sex, disability or gender reassignment. Equally, employers may be liable for failing to make reasonable adjustments to ameliorate the effects of menopause and menopausal symptoms on employees in the workplace.

Health and Safety at Work Act 1974: Employers must also, where reasonably practicable, ensure everyone’s health, safety and welfare at work, under the Health and Safely at Work Act 1974. This goes back to the duty of care all employers owe to their staff.

Unfair Dismissal: A lack of adequate support or even behaviour in the form of bullying or harassment for something related to the menopause or its symptoms, could also give rise to a potential claim for constructive dismissal, if the affected individual has been forced out of their job as a result.

Currently, employees may only bring an unfair dismissal or constructive dismissal claim to an employment tribunal after two years of continuous employment. However, in the near future (Autumn 2026), this will become a day one right with the implementation of the Employment Rights Bill. As is the case with discrimination claims currently, employees will not need to have worked for their employer for two full years to pursue an employment tribunal claim for unfair dismissal.

In other words, there is plenty of scope for employees and job applicants who are going through the menopause to bring successful claims against their employer. It is important that employers are aware of the legal risks and foster a supportive culture in the workplace to mitigate those risks.

The future legal landscape:

Under the Employment Rights Bill that is currently going through Parliament, employers with more than 250 employees will be required to produce an Equality Action plan covering matters that relate to gender equality.

Although not much information has yet been published on what the Equality Action plans must specifically include, early proposals have focussed on a commitment to include menopause action plans within the scope of reporting obligations. It is therefore likely that the Government intends to deliver on their promise to hold employers accountable on how they are supporting employees going through menopause, which should also lead to a reduction in claims.

While we expect Equality Action plans to be a requirement for large employers from 2026, we recommend that all employers begin implementing menopause policies as a strategic HR priority to get ahead of any compliance obligations they may be subject to over the coming year, and to shore up defences to any litigation in the future.

10 recommended actions for employers to take:

Here’s our top 10 suggestions for employers to include in their menopause action plans:

1. Conversations: have regular conversations with staff to help foster a supportive culture around the menopause  
2. Awareness: raise awareness of menopause symptoms among all staff to reduce any stigma in the office
3. Training: provide training to HR professionals and line managers so they know how to better support employees sensitively and effectively
4. Point of contact: appoint an individual or individuals as a point of contact (or ‘champion’) if staff need advice, or someone to talk to if they are not comfortable talking to their managers, can encourage conversations
5. Early action: listen to concerns and resolve issues early on to prevent any problems from escalating
6. Workplace adjustments: offer flexible working options to employees going through the menopause (for example, by starting later or working from home) and be open to staff members’ own suggestions of adjustments that will help them to adjust
7. Menopause policy: introduce a menopause in the workplace policy, to include all the available supportive measures and signposting for staff
8. Keeping up to date: regularly review and update health and wellbeing policies, ensuring that knowledge is kept up to date
9. Managing sickness absence and job performance: revise absence management and/or performance management policies to consider the effects of menopause on employees
10. Risk assessments: conduct risk assessments to make sure symptoms are not made worse by the workplace or ways of working, reviewing these regularly

At Torque Law, we are experienced in drafting workplace policies and delivering workplace training. If you would like assistance or support in implementing a menopause policy, or any other workplace training please do not hesitate to contact us on 01904 437680.