Support from an HR consultancy in Edinburgh to help you manage menopause at work with confidence and care.
Menopause itself is not listed as a protected characteristic under the Equality Act 2010. However, it remains a critical employment law consideration.
When menopause symptoms are substantial and long lasting, they can meet the legal definition of a disability. In these circumstances, employers have a legal duty to make reasonable adjustments. Failing to make these adjustments creates a risk of disability discrimination claims.
Employees can also bring claims on the grounds of sex or age discrimination. Furthermore, if an employee feels compelled to resign due to unaccommodated symptoms, this can lead to a constructive dismissal claim. Discrimination awards in employment tribunals carry no financial upper limit.
In 2023, an employment tribunal awarded over 64,000 in the case of Lynskey v Direct Line. The employer failed to adjust performance targets for an employee experiencing severe menopause symptoms, and the tribunal noted a distinct lack of compassion.
The Equality and Human Rights Commission published explicit employer guidance in 2024. Tribunals closely examine whether businesses adhere to these standards.
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