Menopause in the Workplace

Published byHilary Steer

28th July 2023

Menopause discrimination in the workplace is becoming more relevant to conversations around the Equality Act 2010. At present, women wishing to bring a claim of menopause discrimination must do so under protected characteristics of sex, age or disability.

Nature of the issue

In a recent survey, the British Menopause Society found that 45% of women felt that menopausal symptoms had a negative impact on their work and 47% who were absent due to menopause symptoms say they wouldn’t tell their employer the real reason.

Unlike maternity, menopause is not well understood by many employers despite women making up 47% of the UK workforce. Of those women in work, over 60% are aged 50-64, providing that a substantial part of a woman’s working life is during, or after, menopause.

Employers should also note that it is not only women who suffer from menopause, and should recognise that other people within the workplace, who may not identify as female or as women, may also be capable of experiencing menopausal symptoms. For the purposes of this note, we refer to “women” as the largest group of people affected by menopause, but treat this as inclusive of all individuals who may go through menopause.

There have been several decisions from the Employment Tribunal over the past few years which have addressed menopause in the workplace as a form of discrimination - building a framework on how employers can support women going through menopause and how they can minimise exposure to potential claims for age, sex or disability discrimination.

Merchant v BT plc [2012] 1 WLUK 683
The claimant experienced menopausal symptoms which affected her performance at work, and was given a final written warning. She provided the employers with a letter from her GP stating that her menopausal symptoms “can affect her level of concentration at times”. The employer dismissed the claimant for poor performance without further investigation, and one manager compared the claimant’s case with his own wife’s menopausal experience and symptoms as evidence in the dismissal. Ms Merchant brought claims for unfair dismissal and direct sex discrimination. The Tribunal upheld those claims and pointed out that her manager would never have adopted “this bizarre and irrational approach” with other non-female-related conditions. The failure to refer her for occupational health assessment following the letter from the GP was considered to be direct sex discrimination.

Davies v Scottish Courts and Tribunals Service [2018] 5 WLUK 156
The claimant was a Court Officer suffering with perimenopause symptoms, including memory loss, heavy bleeding, feeling emotional and lacking concentration. She was being treated for cystitis, the medication for which had to be diluted in water. One day, she mistakenly thought that two nearby litigants were drinking her medicated solution. When she asked them, they raised their voices and made comments to the effect of ‘trying to poison the two old guys in the court’ and asking if they would “grow boobs”. The Respondent determined that the water was not in fact medicated, and deemed her to have lied and brought the court into disrepute. She was dismissed due to her forgetful and confused behaviour. She successfully claimed unfair dismissal and discrimination arising from disability. The Tribunal ordered the Respondent to reinstate the Claimant and to pay the sum of £14,009.84 in respect arrears of pay, and £5,000 for injury to feelings.

A v Bonmarche Ltd (In Administration) [2019] WLUK 728
The claimant, a retail worker, experienced menopausal symptoms in May 2017. Her male manager frequently humiliated her in front of younger staff, calling her “a dinosaur” and continually berating her. The claimant suffered from hot flushes and the manager refused to adjust the shop temperature, or make other adjustments knowing her condition. She contacted higher management regarding her manager's actions, but nothing was done. The claimant suffered a breakdown in November 2018 and took time off work. On her phased return to work, her manager was threatening and refused to make adjustments both for her continued menopausal symptoms and for her recently diagnosed anxiety and depression. The claimant felt that she had no other option but to resign. The tribunal upheld her claims for constructive unfair dismissal, sex, and age discrimination. She was awarded £10,000.00 compensation for loss of wages and £18,000.00 for injury to feelings.

Best v Embark on Raw Ltd [2022] 1 WLUK 585
The Claimant was a sales assistant in a pet food business, and was concerned that her employer was not complying with the imposed covid-19 guidelines. She was repeatedly labelled “paranoid” for voicing these concerns. The Claimant was suffering from menopausal symptoms but made it clear that it was a highly sensitive topic for her. Despite this, when once again voicing her concerns the owner asked her directly if she was menopausal. Soon after, the Respondent dismissed the Claimant for being rude and confrontational towards colleagues. The Claimant brought claims for unfair dismissal for whistleblowing but also for sex and age discrimination. The employment tribunal held that the claimant had suffered harassment by her line manager under s. 26 of the Equalities Act 2010 relating to the protected characteristic of sex. His pursuit of the topic of menopause was unwanted conduct which violated her dignity, created a humiliating work environment. The tribunal also found that the real reason for her dismissal was not her conduct, but her whistleblowing of improper covid-19 procedures. Compensation was awarded in the sum of £20,057.74.

Actions employers can take to support women in the workplace:

• Provide training for managers on symptoms and how they can negatively affect employees, allowing for better support systems. More knowledgeable/supportive managers could remove the stigma around this discussion.

• A Menopause at Work Policy can promote awareness among staff, to encourage employees to ask for support if they need it and to assure employees going through menopause that you are committed to providing a supportive working environment for them.

• Provide access to services such as employee assistance programmes, support programmes or counselling.

• Risk-assess the specific needs of menopausal women. Sometimes simple adjustments such as providing a desk fan, a more comfortable uniform or time off to visit the GP can help.

• Additionally, things employers should consider are flexible working hours/working from home opportunities; counselling through workplace; option to take more regular breaks; more time to prepare before meetings.

• The Faculty of Occupational Health has suggested that regular, informal conversations between manager and employee may help conversations about general wellbeing and changes in health, including menopause. However, keep in mind that unless an employee mentions it directly, it is not appropriate to suggest someone is experiencing menopause.

It is important for employers to acknowledge that menopause is a normal stage of life, affecting a large number of women in the workplace. Adjustments in the workplace will not only mitigate potential employment tribunal claims, but more importantly, increase employee comfort and job performance. Increasing awareness and having conversations around menopause can identify the ways employers can support their employees and is important in wider office culture and equality.

This is an increasingly complicated area of law and if you would like advice either as an employer or employee on the matter of menopause in the workplace, please contact Martin Stephen (mss@wjm.co.uk), Liam Entwistle (lae@wjm.co.uk), John Grant (jg@wjm.co.uk) or Hilary Steer (hcs@wjm.co.uk).