Menopause is now firmly part of the workplace conversation. October is Menopause Awareness Month. The conversation has moved on from awareness alone. It now includes legal accountability, business risk, and credible action.

The increase in UK menopause tribunal cases is shaping that shift. Employers of every size, including SMEs, face claims that link treatment of menopause symptoms to discrimination or unfair process. The message is clear. Menopause is part of work. It needs a professional and lawful response.

 

What is driving the rise in menopause tribunal cases?

Employment tribunal claims referencing menopause have more than tripled since 2022. Early 2022 saw 64 cases. By early 2025, the number passed 200. The trend shows sustained growth, not a one-off spike.
These claims sit under familiar legal headings. You will see disability discrimination. You will also see sex and age discrimination. Harassment appears too. So do unfair dismissal and constructive dismissal.
This rise matters to SMEs. Smaller employers are not insulated from risk. In fact, limited in-house HR can increase exposure if managers are unsure how to respond. The growth in menopause tribunal cases highlights the need for better conversations, better decisions, and better documentation.

 

What lessons can employers learn from recent menopause tribunal cases?

Recent judgments show how tribunals are assessing the facts. A few short examples help illustrate the direction of travel.

• Shearer v South Lanarkshire Council (2024):
  A teacher objected to a transfer after occupational health warned it would worsen her menopause symptoms and mental health. The move went ahead. She was later dismissed. The tribunal awarded over £61,000 for disability discrimination and unfair dismissal.
  Lesson: when credible medical advice indicates risk, pause and consider adjustments before pressing on.

• Simon v Manorview Hotels (2024):
  The tribunal accepted that peri-menopause symptoms, alongside fibromyalgia, met the Equality Act definition of disability.
  Lesson: menopause can amount to a disability where symptoms have a substantial and long-term effect on daily life.

• Miller v University Hospitals Dorset NHS FT (2025):
  The tribunal examined whether menopause symptoms met the threshold for disability. The case shows careful scrutiny of medical evidence and impact.
  Lesson: do not dismiss symptoms as “short term.” Assess the evidence and record your reasoning.

• Lynskey v Direct Line Insurance Services (2023):
  Significant symptoms affected performance. Targets were not adjusted. The tribunal found the employer failed to consider reasonable adjustments.
  Lesson: capability processes must allow for tailored adjustments when symptoms are significant.

• Reported £29,000 payout (2025):
  A lesser-known case still resulted in a sizeable award.
  Lesson: even modest claims can carry real financial and reputational costs.
  Taken together, these menopause tribunal cases reinforce a simple point. Poor handling of menopause issues can lead directly to legal loss and business harm.

 

How are tribunals framing menopause within UK employment law?

While each case turns on its facts, several legal themes are consistent.

• Disability definition: Tribunals look at whether symptoms have a substantial and long-term adverse effect on normal day-to-day activities. Not everyone with menopause symptoms will meet this test. Some will. Evidence matters.
• Employer knowledge: Outcomes often turn on what the employer knew or should reasonably have known. If managers are on notice of impact, the duty to consider adjustments becomes real.
  Discrimination arising from disability: Treatment linked to absence, performance or behaviour can be discriminatory if it arises from disability and is not proportionate.
• Reasonable adjustments: Adjustments are fact specific. They include changes to hours, targets, uniform, role design, or work location. A documented, case-by-case approach is vital.
  Harassment and culture: Comments, “banter,” or stereotypes can create liability. Culture and training reduce this risk.
• Process integrity: Capability and absence procedures must be applied with care. Rigid thresholds, rushed steps, or missing medical input can undermine the defence.
  Understanding these themes helps HR and leadership teams assess risk early. It also helps managers make better day-to-day decisions.

 

Why should SMEs pay attention now?

SMEs sometimes view menopause as a “big company” issue. The trend in menopause tribunal cases suggests otherwise.

• Legal exposure: Even one claim can be costly to defend and lose.
• Reputation: Local press and sector networks amplify stories quickly.
• Retention risk: Many affected employees hold senior, specialist, or client-facing roles. Replacing them is expensive.
• Manager pressure: Without in-house HR, line managers carry the load. Errors at the first conversation often shape the whole case.

Taking menopause seriously is not only about wellbeing. It is part of compliance, risk management, and credible leadership.

 

What practical steps can employers take to manage menopause fairly?

There is no one template. There are consistent moves that improve outcomes.

1. Train managers to talk well
   Teach a simple approach. Ask open questions. Listen. Avoid assumptions. Explain the support and process. Follow up in writing with agreed next steps.
2. Refresh policies where it helps
   Reference menopause in absence, wellbeing, and equality policies. Keep language plain. Show how employees can raise issues. Make the route to adjustments clear.
3. Use reasonable adjustments wisely
   Common examples include flexible hours, rest breaks, temperature control, uniform changes, and temporary adjustments to targets. Document the request, the options considered, and the decision.
4. Involve occupational health earlier
   If symptoms are significant, request an evidence-based assessment. Ask specific questions about impact and adjustments. Share conclusions with the employee and agree actions.
5. Record decisions clearly
   Keep short, factual notes. Confirm agreed adjustments in writing. Diary review dates. Clarity helps employees. It also protects the organisation if decisions are later challenged.
6. Audit capability and absence workflows
   Check that triggers, targets, and review points have room for discretion. Build prompts for “consider medical input” and “consider adjustments.”
7. Set the tone from the top
   Culture influences claims. When leaders talk about menopause with empathy and clarity, managers follow. So do employees.

 

What does “good” look like in practice?

Use these markers to stress-test your approach.

• Early conversation: Managers have a timely, respectful chat when issues surface.
• Evidence-informed: Decisions draw on occupational health or GP input where needed.
• Tailored actions: Adjustments reflect the individual, the role, and the operational context.
• Proportionate process: Capability steps are fair, flexible, and well explained.
• Review rhythm: Adjustments are checked and tweaked at set intervals.
• No stigma: Language is professional and neutral. Jokes or stereotypes are addressed.
• Joined-up HR: Policies, manager training, and employee communications support each other.

 

What are the common pitfalls that appear in menopause tribunal cases?

Learning from mistakes reduces risk.

• Ignoring medical advice: Ploughing on with decisions when evidence warns of harm.
• Rigid targets: Refusing short-term adjustments to performance measures.
• Process over people: Following a script without discretion.
• Poor records: Vague notes, missing letters, or unclear rationales.
• Loose language: Inappropriate comments or minimising the issue.
• Late support: Waiting too long to involve occupational health or HR expertise.

 

How can SMEs reduce risk from menopause tribunal cases with limited resources?

Resource constraints are real. A few focused moves go a long way.

• One-page manager guide: Cover conversation prompts, adjustments, and when to escalate.
• Template follow-up email: Confirm what was discussed, who will do what, and when you will review.
• Preferred OH partner: Pre-agree referral forms and questions to speed up support.
• Quarterly case review: HR or leadership reviews open cases for consistency and learning.
• Simple measures dashboard: Track adjustments granted, OH referrals, and review outcomes. Keep it light but visible.

 

A quick check on menopause in the workplace

Tribunal cases highlight recurring questions that every employer should be able to answer with confidence. Here are some essentials:

• Is menopause a disability? Sometimes. It depends on impact and duration. Tribunals look at evidence.
• Do we need a menopause policy? Not legally, but a clear route to support helps managers and employees.
• What counts as a reasonable adjustment? It depends on the role and the person. Start with hours, environment, and workload.
• Can we still run capability processes? Yes, but do it fairly. Consider evidence and adjustments first.
• What should a manager say in the first meeting? Ask how work is affected, what helps, and agree next steps with a review date.

Preparing these short answers helps internal teams and improves external communications.

 

How is the workplace conversation evolving?

The surge in menopause tribunal cases marks a change. Menopause is no longer a quiet topic. It is a visible test of how fairly and lawfully employers manage real-world health and work.

Employers who act early reduce legal exposure. They also protect reputation and retain valued experience. That applies across sectors and sizes. It applies especially to SMEs, where every role counts.
Menopause awareness is part of modern management. It sits alongside mental health, disability, and flexible work. The aim is simple. Treat people fairly. Follow the evidence. Record the decision. Review with care.

For SMEs who want credible support in this area, the HRi Directory is a trusted place to connect with accredited HRi Certified independent HR professionals.

 

Author: Mary Astane | HRi

 

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Sources and Further Reading

Personnel Today – Menopause tribunal claims trebled
HR Review – Menopause tribunal cases treble
Shearer v South Lanarkshire Council – Judgment (PDF)
Mrs L Simon v Manorview Hotels Ltd – Judgment (PDF)
Ms Julia Miller v University Hospitals Dorset NHS FT – Judgment (PDF)
ACAS – Menopause at work: https://www.acas.org.uk/menopause-at-work
EHRC – Menopause in the workplace
CIPD – Menopause at work guidance