Over recent years, the menopause has become a hot topic for discussion. It now has its own day on 18 October.
Menopause used to be a taboo subject. It was ignored. Now it is topical.
It was this little understood stage of a woman’s life, which usually affects women between the ages of 45 – 55 but it can occur even earlier. Perimenopause is the precursor to menopause- the period of time before menopause where periods become irregular. Perimenopause can last for 3-4 years.
Symptoms of the menopause can subside for several years after the menopause – this is the post menopause stage. So, all in all, this time in a woman’s life can last for many years.
Common symptoms of menopause (peri, actual and post) are:
- hot flushes,
- fatigue,
- palpitations,
- hair loss,
- weight gain,
- insomnia,
- low mood,
- anxiety,
- night sweats,
- vaginal dryness,
- reduced sex drive,
- problems with memory and concentration (commonly referred to as brain fog),
- stiffness and joint pain.
Menopause can be serious and some women feel that they are literally losing their minds.
These symptoms can have a serious impact on the day-to-day life of a person going through the menopause and can present real challenges in the workplace – the office may be far too hot, she may not be sleeping well at night and is tired during the day, a job may be more physically demanding than before, the brain fog can cause problems with memory and focus. Wearing a uniform which is made of artificial fibres can be very uncomfortable, as can clothes buttoned to the neck or tight fitting.
The Workplace impact of Menopause
Going through the menopause can affect both attendance and performance at work. Symptoms may lead to increased sickness absence, while cognitive symptoms can make it harder to concentrate, remember information and maintain confidence.
- Cognitive symptoms may increase anxiety, particularly when a worker worries about making mistakes or being perceived as underperforming.
- A worker may feel uncomfortable telling her manager that she is going through the menopause, especially if she is concerned that the manager may not understand or respond appropriately.
ET cases involving the menopause
Menopause related cases are now on the rise in the Employment Tribunal. The menopause was featured 116 times in employment tribunals in the first six months of 2021, by 2024 it had increased to 204 cases. It is predicted that there are more on the horizon.
When the menopause is cited in Employment Tribunal cases it is usually as part and parcel of a discrimination claim – this is because right now the menopause is not a protected characteristic under the Equality Act 2010. Claims due to unlawful treatment must be issued on the grounds of sex, disability or age.
One such example is A v Bonmarche Limited – where the employee’s manager constantly belittled her about her menopause and called her a “dinosaur”. The ET held that she was discriminated against on the ground of her age and sex and awarded her £10,000 by way of loss of earnings and £18,000 by way of injury to feelings.
Merchant v BT 2012 was the first Tribunal case which found that less favourable treatment due to menopausal symptoms amounted to sex discrimination. In this case a female employee’s performance was affected by her menopause; her line manager used his experience of his wife’s symptoms rather than referring her to Occupational Health and dismissed her for poor performance. The ET held that this was both unfair dismissal and sex discrimination.
In Davies v Scottish Courts and Tribunal Services 2019 an employee was dismissed after acting in a confused way due to the menopause despite the fact that the employer had the benefit of an Occupational Health report containing information about her symptoms. The ET held that she was unfairly dismissed and she was discriminated against on the grounds of a disability (her menopausal symptoms were severe enough to amount to a disability) – she was awarded £50,000 in compensation.
Even one-off remarks relating to the menopause can result in a successful claim, in Best v Embark on Raw Ltd 2022 an employee’s manager asked her if she was menopausal after she made it clear that she didn’t want to talk about her. The ET awarded her £2,000 for injury to feelings for this one-off comment.
The Future of Menopause
The increased spotlight on the menopause is a sign of the times –women are now growing in confidence when it comes to standing up for themselves in the workplace and holding their employers to account when they seek to use the side effects of the menopause to treat them less favourably.
In particular, the Employment Rights Act 2025 introduces a new legal requirement for large employers (250+ staff) to publish Equality Action Plan. This is expected to be in force at some point in the spring of 2027.
Accordingly, employers of all sizes should consider menopause and its impact on employees and the wider business. In practical terms, this means:
- introducing a clear menopause policy;
- training managers on the policy and how it should be applied; and
- helping managers understand what menopause is, how it can affect women at work, and how to support employees appropriately.
A written menopause policy, supported by practical manager training, gives employers a clear framework for responding confidently and consistently when menopause-related issues arise. Just as importantly, it helps create an environment in which employees feel able to speak openly about the impact of their symptoms and request appropriate adjustments, reducing the risk of misunderstandings, absence, performance concerns and potential legal claims.
If you would like a Menopause Policy or are interested in exploring training in this area for your staff, please CONTACT US to see how we can help.
