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Tribunal claims related to menopause triple in two years as caseload grows

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The figures suggest both increased awareness and a growing willingness among employees to pursue legal action in this area.

Data from January to March 2025 reveals increases across several claim types. Discrimination cases now account for around 30 percent of all claims, a more than 15 percent rise from the previous quarter. Disability discrimination claims increased by nearly 28 percent, with 2,231 cases lodged during the quarter.

At the end of March 2025, the caseload stood at 45,000 – a 32 percent rise compared to the same period last year.

Menopause and disability claims on the rise

The rise in menopause-related claims follows high-profile cases such as Mrs M Lynskey v Direct Line Insurance in 2023, which highlighted how menopause symptoms may be considered a disability under the Equality Act. Kate Palmer, Employment Services Director at Peninsula, explained the implications for employers.

“Any health condition, including menopause, may be considered a disability under the Equality Act if its symptoms cause a substantial and long-term adverse effect on the employee’s ability to carry out normal day-to-day activities,” said Palmer. “Since only women, and those assigned female at birth, are affected by menopause, placing an employee at a disadvantage for a women’s health issue could amount to sex discrimination or harassment.”

Palmer added that the increasing volume of menopause claims should prompt employers to examine their workplace policies and practices. “Menopause symptoms can be debilitating and, with half the working population experiencing menopause at some point in their life, it’s important for employers to take their legal requirements seriously.”

Other claim types showing notable increases include redundancy pay claims and working time directive claims, which both rose by approximately 25 percent to 484 and 1,232 respectively.

Impact of upcoming legislative changes

Unfair dismissal continues to be the most common claim, accounting for 22 percent of the caseload. Current regulations require a minimum of two years’ service before an employee can bring an ordinary unfair dismissal claim. However, this may soon change with the Employment Rights Bill.

“We can expect this figure to soar once the proposed day one right to claim unfair dismissal comes into effect,” she said.

The growing caseload has prompted renewed concern about the tribunal system’s ability to cope. Rob McKellar, Legal Services Director at Peninsula, called for Government action to prevent the backlog from worsening.

“These figures, alongside the continued progression of the Employment Rights Bill, have sparked calls for the Government to intervene and provide support to the Employment Tribunal system before the situation worsens,” he said.

Employer obligations under scrutiny

McKellar added that the increasing number of disability discrimination claims, particularly those related to neurodiversity, as an area requiring greater employer awareness.

“This highlights the risk of employers not fully understanding their obligations to make reasonable adjustments under the Equality Act, particularly when they aren’t as clear cut as they are for a physical disability,” he said.

The Employment Lawyers Association has recently warned that under-resourced tribunals may struggle with rising claims once new rights come into force. The Government has announced additional court system investment, but there are calls for a proportion of that funding to be directed specifically to employment tribunals.

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