The Menopause and Your Business: Why Employers Must Take Action

Menopause is not just a personal health issue – it’s a workplace issue. With employment tribunal claims linked to menopause rising more than threefold in the past two years, small businesses must take notice and take action. The legal landscape is shifting, and companies that fail to support employees experiencing menopause symptoms may find themselves facing costly claims and reputational damage.

Key facts at a glance

  • Menopause is a protected characteristic under the Equality Act 2010. Treating someone unfavourably because of menopausal symptoms can constitute disability or sex discrimination.
  • Employers have a duty of care to make reasonable adjustments for employees experiencing menopausal symptoms that substantially affect their ability to work.
  • Many menopausal employees leave the workforce or reduce their hours unnecessarily because their employer does not have appropriate support in place.
  • A menopause policy signals clearly that your organisation takes this issue seriously and helps managers respond confidently and consistently.

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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  • Over 50% of tribunal claims are withdrawn due to out-of-court settlements.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.

Book a free 30-minute discovery call

About the author

Laura Weston MCIPD, Senior HR Consultant at Limelite HR & Learning. Laura specialises in employment law, HR compliance, change management and policy support, helping organisations across Worcestershire and the UK navigate complex people challenges with confidence. Connect on LinkedIn.

FAQS

  • Is menopause covered by the Equality Act 2010?

    Menopause is not a specific protected characteristic, but menopausal symptoms can qualify as a disability if they have a substantial and long-term adverse effect on day-to-day activities. Unfavourable treatment because of those symptoms can also constitute sex or age discrimination. Employers need to take the issue seriously as a legal matter, not just a wellbeing one.

  • What reasonable adjustments should I consider for menopausal employees?

    Common adjustments include flexibility over working hours or location, access to a cooler environment, relaxation of uniform requirements, access to toilet facilities, and adjustments to absence management processes. The most important thing is to have a genuine conversation with the employee about what would help, rather than making assumptions on their behalf.

  • Do I need a standalone menopause policy?

    You are not legally required to have one, but it is strongly recommended. A menopause policy gives managers a framework for responding consistently, demonstrates an inclusive culture, and reduces the risk of discrimination claims. It also helps retain experienced employees who might otherwise feel unsupported and leave.

  • Can Limelite HR help us introduce a menopause policy?

    Yes. We can draft a menopause policy tailored to your organisation, support manager training, and advise on how to handle individual cases sensitively and legally. Get in touch to find out more.

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