Reported menopause-related tribunal claims have more than tripled in recent years.
Legal-sector analysis reported that the number of employment tribunal decisions citing menopause rose from 64 in 2022 to 204 in 2024. This is not an official government statistic and does not show how many claims ultimately succeeded. That said, the analysis covers disability discrimination, sex discrimination, age discrimination, constructive dismissal and unfair dismissal. Some employers have lost claims or paid substantial awards or settlements, although outcomes depend heavily on the facts of each case.
These cases highlight why understanding your workplace rights matters. If menopause symptoms affect your ability to work, or you feel you have been treated unfairly because of them, it is worth understanding which legal protections may apply and what practical steps you can take. The relevant protections depend on the circumstances, the impact of your symptoms and the treatment you have experienced.
If you are experiencing difficulties at work because of menopause symptoms, you may have legal protection or workplace rights, depending on your circumstances. Understanding the possible routes can help you ask for support and seek advice if needed.
Download the Menopause at Work Survival Guide - including a clear summary of your rights, a workplace adjustments checklist, and scripts for speaking to your manager or HR.
The starting point: menopause and the Equality Act 2010
Menopause is not a standalone protected characteristic under the Equality Act 2010. This is an important detail - and one that causes unnecessary confusion. The absence of a specific menopause category does not mean you are unprotected. It means your protections arrive through three existing routes, any one of which may apply to your situation, and more than one of which can apply simultaneously.
This is where many women underestimate their position. Existing law may protect you, depending on your circumstances - even though menopause is not a standalone protected characteristic.
Route 1: Disability discrimination
Under Section 6 of the Equality Act 2010, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. "Substantial" means more than minor or trivial. "Long-term" means lasting, or likely to last, twelve months or more.
In Rooney v Leicester City Council (2022), the Employment Appeal Tribunal recognised that menopause symptoms can amount to a disability under the Equality Act 2010. The Equality and Human Rights Commission subsequently supported Ms Rooney’s tribunal claim. This does not mean menopause is automatically a disability; whether the threshold is met depends on the severity, duration and impact of the individual’s symptoms.
In Lynskey v Direct Line Insurance Services Ltd (2023), the Employment Tribunal upheld claims for discrimination arising from disability and failure to make reasonable adjustments. It found that a lower performance rating, written warning and withdrawal of sick pay were unfavourable treatment arising from the claimant’s menopause-related disability. The tribunal dismissed her sex-discrimination, age-discrimination, harassment and constructive-dismissal claims and awarded compensation of £64,645.
What this means practically: if your symptoms are severe, persistent and substantially affecting your ability to function at work or at home, your employer may have a legal duty under Section 20 of the Act to make reasonable adjustments and may be prohibited from treating you unfavourably because of your disability. Whether these protections apply depends on the individual circumstances and whether the legal threshold for disability is met.
In simple terms: if your symptoms are significantly affecting your ability to do your job, your employer is expected to respond - not ignore it.
Where disability discrimination is established, there is no cap on compensation. Awards can include loss of earnings, loss of pension, and injury to feelings. This is why disability claims, when they succeed, tend to attract the largest awards.
Only a proportion of menopause-related conditions will meet the legal definition of disability, depending on severity and duration.
Route 2: Sex discrimination
Menopause predominantly affects women. Sex discrimination may be relevant where an employer treats a woman unfavourably because of menopause-related symptoms or absence, and a comparable man - or, in some circumstances, a younger woman - would not have been treated in the same way. Whether a claim succeeds depends on the facts, the reason for the treatment and the available comparator.
Route 3: Age discrimination
Menopause typically occurs between the ages of 45 and 55, although it can occur earlier or later. Age discrimination may be relevant if an employee is treated less favourably because of her age or because of assumptions about older women and menopause. Whether the treatment amounts to unlawful discrimination depends on the circumstances and the available evidence.
In Thomas v Bibimoney Global, a senior executive successfully brought age and sex discrimination claims after her CEO made comments attributing her professional concerns to the fact she was menopausal. The tribunal found that such a comment would not have been made to a male or younger female comparator - meeting the direct discrimination threshold.
A developing case to watch: Pal v Accenture (UK) Ltd [2026] EAT 12
In January 2026, the Employment Appeal Tribunal overturned a tribunal decision involving a former Accenture manager dismissed while managing endometriosis. The EAT found the tribunal’s assessment of disability to be “wholly inadequate”, criticising its failure to properly consider medical evidence, the likelihood of recurrence and the impact of the condition without treatment.
Although this case concerns endometriosis rather than menopause, it illustrates a broader point about assessing conditions that may fluctuate or recur: the medical evidence and the impact of a condition must be considered carefully. Its relevance here is the wider legal principle, not a direct ruling on menopause.
The EAT’s criticism of the original tribunal’s handling of medical evidence is a useful reminder that employers and tribunals should properly consider medical evidence, fluctuating conditions, recurrence and the likely impact of a condition without treatment. However, because the case was remitted for rehearing, its final implications remain to be seen.
What matters for you is this: the law is increasingly recognising the reality of what you’re experiencing - even when it’s managed, fluctuating, or not formally labelled.
Note: These cases show how existing legal principles may apply to menopause and other women’s health conditions. They do not guarantee a particular outcome in another case.
The Health and Safety at Work Act 1974
This is often the most overlooked route - but also the simplest. Employers are required to provide a safe working environment regardless of diagnosis or legal classification. This does not create menopause-specific legal duties, but applies general workplace safety obligations.
Separate from the Equality Act, your employer has an existing duty of care under the Health and Safety at Work Act 1974. This requires them to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees. In practice, this may include considering whether workplace conditions - such as temperature, ventilation, access to water, rest facilities or workload - are affecting an employee’s health or ability to work safely. Any necessary action will depend on the risk assessment, the nature of the work and the individual circumstances.
This is a separate general health-and-safety duty and does not depend on establishing discrimination. However, whether a particular workplace change is legally required will depend on the risk assessment, the nature of the work and the individual circumstances.
Flexible working: the right to request from day one
Since 6 April 2024, employees have had the right to request flexible working from the first day of employment. This right is set out in the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023.
This is a right to request flexible working, not an automatic right to have it granted. Your employer must deal with the request in a reasonable manner, consult you, and respond within two months unless you agree an extension. They can refuse the request, but only for one of the recognised statutory business reasons and after following the required process.
For many women managing menopause symptoms, flexible working is one of the most practically useful adjustments available - later starts to accommodate poor sleep, home working on difficult days, adjusted hours to protect peak concentration periods. The right to request it now exists from your first day of employment.
The Employment Rights Act 2025: the direction of travel
The Employment Rights Act 2025 introduces Employer Action Plans for employers with 250 or more employees. These plans must address gender equality, including support for employees experiencing menopause. They are voluntary for now. Under the current implementation timeline, they are expected to become mandatory from spring 2027 - April 2027 for private and voluntary-sector employers - subject to secondary legislation.
For larger employers, the forthcoming duty may encourage menopause support to be considered more systematically alongside gender pay gap reporting. Until the mandatory requirement commences, however, publication remains voluntary.
Knowing your rights is the foundation - but the day-to-day reality of managing symptoms at work goes further than legislation. The menopause at work guide covers the practical strategies alongside the legal framework.
What counts as unlawful treatment
Beyond formal discrimination claims, a range of specific employer behaviours have been found unlawful in tribunal decisions:
Disciplinary action or performance management without consideration of menopause symptoms. If you have disclosed that you are experiencing menopause-related difficulties and your employer proceeds with a performance warning, capability process, or disciplinary action without taking those symptoms into account, this may constitute discrimination arising from disability (where the disability threshold is met) or unfair treatment under sex or age grounds.
Dismissal linked to menopause-related absence. Where absence is directly caused by menopause symptoms and has been disclosed or is reasonably known to the employer, dismissal on capability or attendance grounds without proper consideration and adjustment may give rise to unfair dismissal and/or disability discrimination claims.
Harassment. Comments about a colleague's menopause - whether framed as jokes, observations, or concern - can constitute harassment under the Equality Act where they have the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The Best v Embark on Raw Ltd case found that persistent comments about the claimant's menopause from a colleague constituted harassment, even when presented as informal conversation.
Failure to make reasonable adjustments where a disability is established or ought reasonably to be known. An employer who knows, or ought to know, that an employee is experiencing substantial and long-term menopause symptoms and fails to make or even consider reasonable adjustments may be in breach of Section 20 of the Equality Act.
If you’re unsure what practical support should look like, this guide breaks down the adjustments you can reasonably request:
→ Menopause Workplace Adjustments: What You Can Ask For (UK Guide)
If you believe your rights are being breached: what to do
Step 1: Document everything
Keep a contemporaneous record - dates, times, what was said or done, who was present, and how it affected you. Note any conversations where you disclosed your symptoms and how your employer responded. If adjustments were promised and not delivered, record that too. Contemporaneous notes carry significant weight in tribunal proceedings. An email to yourself written the same day carries more evidential value than a recollection written six months later.
Step 2: Put requests and responses in writing
After any conversation with your manager or HR, follow up with an email summarising what was discussed and what was requested or agreed. This creates a paper trail that is difficult to dispute and demonstrates that you raised the issue formally and in good faith. The How to Talk to Your Manager About Menopause article covers how to do this without it feeling confrontational.
Step 3: Use your internal grievance procedure
If informal attempts to resolve the situation have not worked, raise a formal grievance. Most employers should have a grievance procedure, and ACAS sets out minimum standards for handling grievances. Check your employer’s policy or ask HR for a copy. Raising a formal grievance can create a clear record and may help resolve the issue internally, but it does not replace the need to meet tribunal time limits or complete ACAS Early Conciliation.
Step 4: Contact ACAS
ACAS (the Advisory, Conciliation and Arbitration Service) provides free, confidential advice on workplace rights - including menopause-related discrimination, reasonable adjustments, and what happens if you want to bring a tribunal claim. Before lodging any tribunal claim, you are required to notify ACAS and go through their Early Conciliation process. ACAS can often resolve disputes without the need for a tribunal hearing.
ACAS helpline: 0300 123 1100
Step 5: Take specialist legal advice
If conciliation doesn't resolve the situation, or if you believe you have a serious discrimination or unfair dismissal claim, consult an employment solicitor. Many employment lawyers offer a free initial consultation. Citizens Advice can also help identify low-cost or free legal support in your area.
Check the time limit urgently. For many employment tribunal claims, the time limit increased from three months less one day to six months less one day on 1 October 2026. However, the exact deadline can depend on the type of claim, when the relevant act occurred and any transitional rules. Check the current GOV.UK guidance and contact ACAS, Citizens Advice or a specialist employment solicitor promptly if you think you may want to bring a claim.
A note on what this post is - and isn't
This guide is written to help you understand the legal landscape and exercise your workplace rights with confidence. It is informed by current UK employment law and ACAS guidance and is written within the scope of health and nutrition coaching practice.
It is not legal advice. Every situation is different, and the law as it applies to your specific circumstances will depend on facts that only a qualified employment lawyer can assess properly. If you are considering a tribunal claim, or if you have been dismissed or subjected to serious discriminatory treatment, please seek specialist legal advice.
This guide aims to give you the foundation for informed, confident conversations with your employer, HR and, if necessary, ACAS or a solicitor.
You don’t need to wait until something goes wrong to understand your rights. You may have legal protection or workplace rights, depending on your circumstances. Understanding the options can help you ask for support and seek advice if needed.
Knowing your rights is the starting point. Knowing what to do next matters too.
You don’t have to wait until you’re at breaking point to ask for support. And you don’t have to work out your next steps alone.
If menopause is affecting your working life, start with the practical support that fits where you are now.
1. Start with the free Menopause at Work Survival Guide
Understand your options and prepare for conversations with your manager or HR. The guide includes a summary of key workplace considerations, an adjustments checklist and practical scripts to help you explain what you need.
Download the free Menopause at Work Survival Guide
2. Get broader support with Menopause Essentials
Workplace difficulties can be part of a bigger picture involving sleep, energy, mood, concentration and confidence. If you want to understand your symptoms and explore practical ways to support your wellbeing, discover Menopause Essentials.
3. Explore personalised menopause coaching
If symptoms are affecting your confidence, work or everyday life and you’d like support tailored to your circumstances, find out about menopause coaching.
4. Not sure what kind of support you need?
You don’t have to make that decision on your own. Book a free Menopause Clarity Call to discuss what you’re experiencing and explore whether coaching may be appropriate for you.
For employers and HR teams
Supporting employees through menopause is not simply about having a policy. Managers need the knowledge and confidence to respond appropriately, and organisations need practical ways to turn good intentions into meaningful support.
I work with organisations to develop practical menopause support through workplace sessions, training and strategy.
Discuss workplace menopause support for your organisation
This article is intended for general information and does not constitute legal advice. Employment law and time limits can change, and the outcome of any individual case depends on its circumstances. If you believe you have experienced discrimination or are considering an employment tribunal claim, seek advice promptly from ACAS or a qualified employment law solicitor.
References
Department for Business and Trade (2026) Employer action plans. Available at: https://www.business.gov.uk/campaign/employment-changes/employers/employer-action-plans/
GOV.UK (2026) Employment tribunal time limits. Available at: https://www.gov.uk/employment-tribunals/make-a-claim
House of Commons Library (2024) Flexible working: employment rights. Research Briefing SN01086. Available at: https://commonslibrary.parliament.uk/research-briefings/sn01086/
Equality Act 2010, c. 15. Available at: https://www.legislation.gov.uk/ukpga/2010/15/contents .
Health and Safety at Work etc. Act 1974, c. 37. Available at: https://www.legislation.gov.uk/ukpga/1974/37/contents
Employment Rights Act 1996, c. 18, as amended. Available at: https://www.legislation.gov.uk/ukpga/1996/18/contents .
Employment Relations (Flexible Working) Act 2023, c. 34. Available at: https://www.legislation.gov.uk/ukpga/2023/34/contents .
The Flexible Working (Amendment) Regulations 2023, SI 2023/1328. Available at: https://www.legislation.gov.uk/uksi/2023/1328/made .
Employment Rights Act 2025. Available at: https://www.legislation.gov.uk/ .
Advisory, Conciliation and Arbitration Service (2026) Menopause at work: supporting staff through the menopause. Available at: https://www.acas.org.uk/menopause-at-work/supporting-staff-through-the-menopause .
Advisory, Conciliation and Arbitration Service (2026) Flexible working. Available at: https://www.acas.org.uk/flexible-working
Advisory, Conciliation and Arbitration Service (2026) Early conciliation. Available at: https://www.acas.org.uk/early-conciliation
Advisory, Conciliation and Arbitration Service (2026) Menopause at work: talking with staff about the menopause. Available at: https://www.acas.org.uk/menopause-at-work/talking-with-staff-about-the-menopause .
Equality and Human Rights Commission (2024) Menopause in the workplace: guidance for employers. Available at: https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers .
Equality and Human Rights Commission (2023) Equality watchdog supports important tribunal hearing for alleged menopause discrimination. Available at: https://www.equalityhumanrights.com/equality-watchdog-supports-important-tribunal-hearing-alleged-menopause-discrimination .
Rooney v Leicester City Council 2022 Employment Appeal Tribunal; subsequent Employment Tribunal proceedings.
Lynskey v Direct Line Insurance Services Ltd 2023 Employment Tribunal, case nos. 1802204/2022 and 1802386/2022. Available at: https://www.gov.uk/employment-tribunal-decisions/mrs-m-lynskey-v-direct-line-insurance-services-ltd-1802204-slash-2022-and-1802386-slash-2022 .
Thomas v Bibimoney Global Ltd Employment Tribunal. Available via ACAS response: https://www.acas.org.uk/equality-law-call-for-evidence-acas-response.
Best v Embark on Raw Ltd 2021 Employment Tribunal, case no. 3202006/2020. Available at: https://assets.publishing.service.gov.uk/media/61deb2bcd3bf7f0551bd5f4d/Ms_L_Best_v_Embark_on_Raw_Ltd_-3202006_2020-Judgment.pdf .
Nockolds Solicitors (2025) ‘Employment tribunal cases citing menopause more than trebled since 2022’, HR Review. Available at: https://hrreview.co.uk/hr-news/employment-law/employment-tribunal-cases-citing-menopause-more-than-trebled-since-2022/379962
Chartered Institute of Personnel and Development (2023) Menopause in the workplace: employee experiences in 2023. London: CIPD. Available at: https://www.cipd.org/uk/knowledge/reports/menopause-workplace-experiences/
UK Government (2024) Menopause in the workplace literature review. Available at: https://www.gov.uk/government/publications/menopause-in-the-workplace-literature-review/menopause-in-the-workplace-literature-review .
The Fawcett Society (2022) Menopause and the workplace. London: The Fawcett Society. Available at: https://www.fawcettsociety.org.uk/menopause-in-the-workplace-uk
Pal v Accenture (UK) Ltd 2026 EAT 12. Available at: https://www.gov.uk/employment-appeal-tribunal-decisions/ms-s-pal-v-accenture-uk-ltd-2026-eat-12 .
