Employment tribunal claims citing menopause have spiked from 64 in 2022 to 204 in 2024 – covering allegations of disability, sex and age discrimination, as well as constructive and unfair dismissal, according to a data analysis by law firm Nockolds.
Nockolds attributes this rise to employers struggling with the expanding definition of disability under employment law. Disability discrimination claims in general have also risen. Data from Acas reveals a 30 percent increase in claims sent for conciliation, growing from 6,545 to 8,496. These now account for a quarter of all claims referred to Acas.
Nockolds highlights that growing recognition of mental health conditions as disabilities is a key factor, with symptoms such as depression, stress and anxiety – often linked to menopause – now being considered under disability law.
Impact of Menopause on Workplace Performance
Menopause symptoms can affect workplace performance in multiple ways. There are over 30 commonly reported symptoms, including memory lapses, brain fog, difficulty concentrating and reduced confidence, which may be misinterpreted as performance issues. Physical symptoms such as hot flushes, fatigue, sleep disturbances, joint pain and headaches can impact an employee’s comfort and productivity.
Research from the Chartered Institute of Personnel and Development (CIPD), published in October 2023, found that over a quarter (27%) of working women aged 40 to 60 with menopausal symptoms felt that menopause had negatively affected their career progression. Two-thirds (67%) said their symptoms had a mostly negative impact on their work.
Joanna Sutton, Principal Associate at Nockolds, noted that while awareness of mental health and other disabilities has improved, workplace policies have not kept pace.
“The extent to which menopause can constitute a disability is still a major blind spot for many employers,” she said. “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.”
Legal Considerations
Sutton added that proposed changes in the Employment Rights Bill, including making unfair dismissal a day-one right and requiring employers to publish equality plans, will likely contribute to further increases in menopause-related claims.
“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,” Sutton added.
“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.”
While the phrase ‘not all disabilities are visible’ only entered popular usage recently, Sutton said it exemplifies the common misconception that many still hold when thinking of a disability.
The Role of HR in Managing Menopause at Work
Nockolds stresses the importance of HR professionals and line managers receiving better training on menopause and its workplace impact. Many managers lack an understanding of symptoms and do not provide a supportive environment for employees to discuss their needs.
Sutton added that menopause often affects experienced employees, meaning organisations risk losing key talent if they fail to provide adequate support.
“The increase in claims involving menopause highlights the need for organisations to take action to prevent them facing the same fate,” she said. “HR and line managers will find it easier to stay on the right side of the law if protocols are established and followed.”
To support employees, Nockolds recommends introducing menopause policies, offering flexible working arrangements such as remote work or adjusted hours, improving workplace temperature control, providing access to quiet spaces, and adapting absence management and performance review processes to account for menopause-related challenges.