The Menopause and Your Business: Why Employers Must Take Action

The Rising Legal Risks for Businesses

Recent figures show menopause-related tribunal claims increased from 64 in 2022 to 204 in 2024. If this trend continues, the number of claims could surpass 600 by 2026. A key driver of this rise is the evolving legal interpretation of menopause under the Equality Act 2010.

The landmark Rooney v Leicester City Council case saw a judge rule that Rooney’s menopause symptoms constituted a disability. Historically, menopause had not been classified in this way, but this ruling set a precedent that is now shaping employment law. Another critical case, Lynskey v Direct Line Insurance Services, resulted in an employee receiving £64,645 in compensation after her employer failed to make reasonable adjustments for her menopause symptoms.

While 204 cases in 2024 may not seem alarming, the reality is that the true number of disputes is far higher. Consider that:

• Over 50% of tribunal claims are withdrawn due to out-of-court settlements.
• ACAS (the Advisory, Conciliation and Arbitration Service) settles 20% of claims before they reach the tribunal stage.

This means that the number of menopause-related disputes being handled behind closed doors is significantly higher than official figures suggest.

The Impact of Menopause on the Workplace

Menopause can cause a range of symptoms, including fatigue, brain fog, anxiety, and sleep disturbances. These can have a profound impact on an employee’s productivity, confidence, and ability to perform their role effectively. A failure to accommodate these challenges can lead to increased absenteeism, reduced performance, and ultimately, staff turnover.

For small businesses, where every team member plays a crucial role, ignoring menopause-related issues can be particularly costly. Replacing employees is expensive, and a lack of support can lead to a toxic workplace culture, damaging your business’s reputation and employee morale.

The Bottom Line

Ignoring menopause in the workplace is no longer an option. With employment tribunal claims surging and legal precedents being set, businesses must act now to protect their employees and themselves. By implementing supportive measures, businesses can not only avoid costly legal disputes but also improve employee wellbeing, retention, and productivity.

Small businesses that take proactive steps today will build a more inclusive, resilient, and successful workplace for the future. Don’t wait for a tribunal claim to force change, act now and support your employees through every stage of their working lives.

If you’d like help introducing a menopause policy, delivering training in this area or supporting affected employees, get in touch.

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• The funded HR consultancy support enabled HTA to carry out a professionally designed and independently delivered employee engagement survey that we would not have had the internal capacity or specialist expertise to run ourselves.

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  Horiba (HTA)

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