Menopause is becoming an increasingly important workplace conversation, raising a crucial question for employers and HR professionals: can menopause be a disability at work?

A recent Employment Tribunal case, Ms Julia Miller v University Hospitals Dorset NHS Foundation Trust (2025), explored this question in detail. The outcome offers valuable lessons for employers and HR professionals on how menopause-related health issues should be handled in practice.

 

Background

Ms Julia Miller, a physiotherapist aged 51, worked for University Hospitals Dorset NHS Foundation Trust, initially through an agency and later as a bank worker. Following workplace tensions involving a colleague, she brought claims of sex and disability discrimination against the Trust.

The discrimination claims linked to sex and victimisation were withdrawn before the hearing, leaving a single question for the Tribunal to decide:

Was Ms Miller disabled under the Equality Act 2010 during December 2023?

The answer depended on whether her symptoms, which she linked to menopause, had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities.

 

What Symptoms Were Considered?

Ms Miller described a range of menopause-related symptoms, including:

• Joint and hip pain (diagnosed as gluteal tendinopathy)
• Urinary incontinence and excessive bleeding
• Sleep disturbance and fatigue
• Concentration difficulties and “brain fog”
• Heightened anxiety

She explained that the combination of pain, sleep loss, and urgency to use the toilet interfered with her ability to carry out everyday activities. At home, she often slept downstairs because climbing stairs aggravated her hip pain. At work, she sometimes had to leave meetings or patient sessions abruptly to use the bathroom.

The Trust argued that not all of these symptoms were present or significant during the relevant period. It also suggested that her anxiety was caused by external life events rather than the menopause itself.

 

The Legal Question: Can Menopause Be a Disability?

Under section 6 of the Equality Act 2010, a person has a disability 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.

Menopause itself is not listed as an impairment, but its symptoms can be disabling if they meet those criteria.

This case directly addressed the question can menopause be a disability at work, examining how the Equality Act applies when symptoms affect daily life. The Tribunal therefore had to decide which of Ms Miller’s conditions counted as impairments, whether they had a substantial effect, and whether that effect was long-term.

 

The Tribunal’s Findings

Anxiety

The Tribunal accepted that Ms Miller had experienced anxiety for many years but found it was not caused by menopause. Instead, it was a reaction to stressful life events and therefore did not qualify as a menopause-related impairment.

There was also no evidence that the anxiety caused a long-term adverse effect on her daily life or work.

Finding: Ms Miller was not disabled by reason of anxiety.

 

Joint pain, urinary incontinence, and excessive bleeding

The Tribunal reached a different conclusion for her physical symptoms. It accepted Ms Miller’s evidence that she had experienced these difficulties throughout 2023 and found her to be a credible and consistent witness, even though her GP notes were limited.

She provided clear, practical examples of how her symptoms affected her life:

• Sleeping downstairs because of joint pain
• Struggling to use stairs or complete routine household tasks
• Interrupting patient sessions or meetings due to urge incontinence
• Stopping work when heavy bleeding occurred

The Tribunal found that these symptoms had a substantial and long-term impact on her day-to-day activities and therefore met the definition of disability.

Finding: Ms Miller was disabled at the relevant time by reason of joint pain, urinary incontinence, and excessive bleeding associated with menopause.

 

The Outcome

The Tribunal concluded that:

• Ms Miller was not disabled by reason of anxiety.
• She was disabled by reason of her physical menopause-related symptoms.

Although the case dealt only with the question of disability status, the judgment provides valuable clarity for employers and HR professionals alike.

 

What This Means for Employers and HR Professionals

1. Menopause can be a disability — it depends on the impact

This case confirms that menopause itself is not automatically a disability, but its effects can be. For many employers, the Julia Miller case helps answer the question can menopause be a disability at work. Where symptoms are long-lasting and have a substantial impact on normal activities, such as mobility, concentration, or attendance, employees may meet the legal test under the Equality Act.

 

2. Medical records are not the only evidence

The Tribunal accepted Ms Miller’s account even where GP records were brief. Credibility and consistency mattered more than the volume of medical evidence. For HR and business leaders, this underlines the need to listen carefully to employees’ experiences rather than relying solely on documentation.

 

3. Reasonable adjustments should be considered early

Once an employee shares that they are struggling with symptoms linked to menopause, employers should explore what adjustments could help. That might include flexible hours, access to rest facilities, adjustments to uniforms, or temporary reallocation of duties.

The earlier these discussions happen, the easier it is to find practical solutions and reduce risk.

 

4. Awareness and empathy matter

Menopause remains a sensitive subject for many employees. Creating a culture where people feel safe to raise it without embarrassment is crucial. HR consultants can help SMEs establish policies, training, and communication that normalise these discussions.

 

5. Don’t assume anxiety or stress are separate issues

While Ms Miller’s anxiety was found to be unrelated to menopause, other cases may differ. Mental health and menopause symptoms can overlap, and dismissing them as unrelated “stress” can expose employers to risk. Each case must be assessed individually, considering both physical and psychological impacts.

 

Moving from Awareness to Action

For several years, UK employers have been urged to support menopause in the workplace, but this case shows the conversation is moving beyond wellbeing. It is now about legal accountability and inclusive practice.

From an HR perspective, this ruling reinforces the importance of understanding that disability isn’t always visible or formally diagnosed. Many employees self-manage their symptoms, especially in healthcare or professional settings where stigma still exists.

For SMEs, the key takeaway is that prevention is better than defence. Having a clear menopause policy, trained line managers, and open communication channels can prevent misunderstandings from escalating into disputes.

HR consultants and independent professionals play a pivotal role here. By helping businesses design compassionate, compliant policies and model best practice, they can turn legal learning into real-world impact. This ensures menopause is treated with the seriousness it deserves while supporting the wellbeing of those experiencing it.

 

Observation

This case is a timely reminder that menopause can be a workplace disability when its effects are long-term and substantial.

Employers and HR professionals should approach menopause not just as a health or wellbeing issue but as a core part of equality, diversity, and inclusion strategy. The most forward-thinking organisations will use cases like this to move from awareness campaigns to concrete action by updating policies, improving conversations, and ensuring no one is disadvantaged because of menopause.

For SMEs that need expert guidance on managing menopause or disability-related challenges, the HRi Directory is a trusted place to find accredited, independent HR and People professionals who can provide tailored advice and practical support.

Listening, empathy, and flexibility remain the best starting points for compliance and culture alike.

This case also adds to the growing number of menopause-related tribunal decisions we explored in our feature article, Rising Menopause Tribunal Cases: What Do They Mean for Employers?

The Julia Miller case makes it clear that when symptoms are long-term and significantly affect daily activities, the answer to can menopause be a disability at work is, in some cases, yes.

Author: Mary Asante | HRi