A new analysis shows that the number of employment tribunal claims related to menopause has tripled in just two years.
HM Courts & Tribunal Service data showed that 64 cases cited menopause by 2022 compared to 204 the previous year.
Nockolds, a law firm, found that these claims included disability, age, sex, and sexist discrimination.
The organisation believes that the increase in claims is due to employers struggling with a broader definition of disability. It has warned against plans in the Employment Rights Bill which could lead to many more menopause related claims.
It says that the combination of the new law making unfair dismissal an automatic right and the requirement for organizations to publish equality plans which include a commitment to support staff going through menopause may result in a further rise in cases.
According to the firm’s analysis, disability discrimination cases sent to Acas for conciliation have increased by 30% from 6,545 up to 8,496, now accounting for one out of four total claims.
The increase in cases of disability discrimination referred to Acas shows a growing trend for mental health issues, such as menopause-related disorders like depression, anxiety and stress, to be recognised as disabilities. This was less common just a few short years ago.
Awareness of symptoms
More than 30 menopause symptoms are commonly reported, and they can affect an employee’s productivity, comfort, and relationships at work. Performance problems can include cognitive issues such as memory lapses and brain fog. Confidence is also affected by these cognitive issues.
Joanna Sutton is a principal associate with Nockolds. She said that although awareness about mental health and disabilities has increased, workplace policies often haven’t kept up. Many employers are unaware of the extent to which menopause is a disability.
Employers are increasing pressure on their employees to boost productivity and return to work. Employees who are absent from work or have reduced their workloads because of menopause symptoms are more likely than others to be challenged and potentially lead to conflict at the workplace.
She said that the extra rights introduced by Employment Rights Bill will likely make discrimination cases relating to menopause more common.
Sutton stated: “Legislation that protects individuals from disability discrimination, including the original Disability Discrimination Act of 1996 and the Equality Act 2010, clearly states that disabilities include both physical and mental impairments.
Many still believe, incorrectly, that disability protections are only for people with physical disabilities. This misconception is reinforced by the symbol of disability which shows a person using a wheelchair. “Not all disabilities are visible” is a phrase that has only recently become popular but it highlights the misconceptions many people still have when they think of a disability.
Nockolds says that even though employers are becoming more aware of disabilities which cannot be seen, and have adjusted to them, the mental impairment definition still surprises many.
Sutton stated: “While dementia, schizophrenia, and other mental disorders are generally accepted as disabilities, it is becoming more common to accept that conditions less clearly defined, such as depression, anxiety, and menopause-related symptoms, can also be considered disabilities under employment law.
This leaves the door open for unscrupulous employees to try to take advantage and deceive their employers, but can also lead to employers who are not sympathetic dismissing genuine menopausal symptoms, with the resulting risk of employment tribunal claims. It is possible for employees to deceive and take advantage of their employers. However, it can also result in employers who are not sympathetic dismissing menopausal signs. This could lead to employment tribunal claims.
Employer Action
Nockolds claims that the increase in cases of disability discrimination linked to menopause shows a need for better training for HR professionals as well as line managers on how to support and handle employees who are experiencing menopause. Nockolds claims that many managers are not aware of the symptoms their employees may be experiencing and do not create a supportive atmosphere to encourage open discussion about their experience and possible improvements in their work conditions or workload. Managers also need to be guided on how to handle any disclosures made by employees.
Sutton said: “The menopause affects more experienced employees, so employers run the risk of losing their best talent if they don’t support them to ensure that they can keep working.”
“The rise in menopause claims highlights the need for organizations to take action so that they do not suffer the same fate. It will be easier for HR managers and line managers to remain on the right side if they follow protocols. It is important to review and update health and wellness policies, and ensure that knowledge and skill are up-to-date. This is especially true in areas like menopause, where cultural norms rapidly evolve.
The firm recommends that employers who want to support their staff during menopause implement a policy on menopause, offer flexible work options (such as remote working, adjusted start/end time, or flexibility depending on the employee’s condition), adjust the temperature, give employees access to quiet spaces, and review absence management or performance management to take into account the effects of menopause.
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