The Rise of Menopause-Related Tribunal Claims

December 8, 2025

Menopause has moved firmly into the spotlight of workplace conversations — and increasingly, into the employment tribunal system.

Over recent years, the number of cases referencing menopause has grown significantly, with claims spanning sex discrimination, age discrimination, disability discrimination, and unfair dismissal.

In March 2024, we wrote about new EHRC guidance on how employers can support employees through menopause, and the topic remains hot on the agenda of HR teams.

Menopause is no longer just a wellbeing topic. It is now a workplace risk area that requires policy, training, and proactive management.

In this article, we unpack the reasons behind the rise, examine the legal angles, and provide practical steps HR teams can take to support employees, while reducing organisational risk.

Why are menopause-related employment claims increasing?

Several factors are driving the upward trend:

1. Growing societal awareness and reduced stigma

Menopause is now openly discussed in ways it never was before. Employees feel more empowered to disclose symptoms and challenge treatment they consider unfair.

2. Increased focus on workplace inclusion

Organisations are broadening their understanding of inclusion to cover age, life stage, and health-related needs. With this shift comes greater scrutiny — and greater expectations.

3. Tribunals acknowledging the impact of symptoms

Cases have shown that symptoms such as memory lapses, anxiety, fatigue, and concentration difficulties can materially affect an employee’s performance. Tribunals have shown willingness to view significant symptoms as a potential disability under the Equality Act.

4. Policy gaps and inconsistent management

Many organisations still lack clear menopause policies, manager guidance, or appropriate adjustments processes. Where support is inconsistent, claims tend to follow.

Legal risks employers need to be aware of

1. Sex discrimination

Claims often arise where a menopausal employee feels they have been treated less favourably because:

their symptoms were dismissed or belittled
their performance issues were not viewed through a health lens
male employees were treated more sympathetically in similar health-related circumstances

2. Age discrimination

Employers may inadvertently link performance concerns to age, or apply policies that disproportionately affect older women, triggering claims.

3. Disability discrimination

Menopause is not automatically a disability, but tribunals have held that severe symptoms can meet the legal definition of the condition being:

long-term
having a substantial impact
having an effect on normal day-to-day activities

Where this applies, employers have duties around:

making reasonable adjustments
avoiding unfavourable treatment
ensuring fair capability processes

4. Unfair or constructive dismissal

Dismissal decisions based on conduct or capability may be unsafe if the employer has failed to:

consider medical evidence
explore adjustments
follow a fair process
provide support in line with policy

What good support for employees going through menopause looks like

1. Create a clear menopause policy

A strong policy, signalling commitment and building consistency, should cover:

how employees can request support
examples of adjustments (flexible hours, ventilation, uniform adaptations)
guidance for managers
confidentiality and privacy expectations

2. Train managers — don’t leave it to chance

Many managers want to be supportive but feel unsure how to approach the topic. Training should cover:

how to start sensitive conversations
the link between menopause and potential legal protections
recognising when HR involvement is needed
documenting discussions appropriately

3. Offer flexible and practical adjustments

These might include:

flexible hours or hybrid working
temperature control or workspace changes
adjustments to targets during symptom flare-ups
additional breaks
modified uniforms

Small changes often make a significant difference.

4. Update performance management processes

Encourage managers to:

ask whether health issues may be affecting performance
explore adjustments early
consider medical advice before taking formal action
treat menopause disclosures with the same seriousness as other health conditions

5. Create a supportive culture

Support shouldn’t rely on whether an employee feels comfortable bringing the issue up with a particular manager. HR can help by:

promoting open conversations
offering employee resource groups
signposting employees to medical and other support
encouraging leaders to model inclusive behaviours

When culture is supportive, issues can be resolved long before they escalate.

Lessons from recent menopause cases

Recent employment tribunal cases show that organisations face risk when they:

Fail to take symptoms seriously
Dismissing concerns as mere “mood swings” or exaggeration has repeatedly contributed to successful discrimination claims.
Ignore medical evidence
Where employees provide GP notes or letters from specialists, employers must engage with the information meaningfully.
Apply policies inflexibly
Strict absence triggers and rigid performance procedures have been criticised where menopause was a factor in absence levels or under-performance.
Lack of documentation
Where managers don’t record conversations or decisions, tribunals can infer unfavourable treatment.

Supporting employees through the menopause is commercially smart

Proactive menopause support isn’t just legally wise — it’s commercially smart.

Benefits include:

improved retention during a career stage when many women with a high-level of expertise and knowledge leave the workforce
a reduction in sickness absence
improved engagement
stronger employer brand
a more psychologically safe environment

With an ageing workforce and a renewed focus on inclusive culture, menopause support is becoming a core expectation of modern employers.

Promoting wellbeing and reducing legal risk

The rise in menopause-related tribunal claims is a clear sign that organisations must treat menopause as both a wellbeing issue and a legal risk area. By creating thoughtful policies, providing manager training, implementing reasonable adjustments, and building an open culture, employers can support employees more effectively while protecting themselves from costly and reputationally damaging claims.

Seeking support with supporting employees through menopause

For guidance on policies around supporting employees through menopause, or indeed any people-related matter, AfterAthena’s HR team offers a range of ad-hoc, project-based and retained support services. Our specialist tribunal team of employment law solicitors are also on hand to assist in your most complex of cases. Get in touch to speak with an expert.