How our Menopause in the workplace specialists can help

Menopause in the workplace frequently asked questions

Menopause is not one of the protected characteristics under the Equality Act 2010. But, if your employer puts you at a disadvantage because you are going through the menopause, this could be grounds for bringing a discrimination claim to the Employment Tribunal or, if you are dismissed, a dismissal claim:
As an employee, you are protected from being treated less favourably because of your age. If you are treated less favourably because you’re going through the menopause, it could give rise to an age discrimination claim, given that menopause usually begins within a certain age bracket. This may also be relevant to younger employees, who may go through medical or early menopause. An example of age discrimination could be if your fellow employees make fun of young people who go through the menopause.
If you are treated unfairly because of your sex, this would be grounds for a sex discrimination claim. Any unwanted behaviour or comments about your menopause symptoms could count as harassment, or sexual harassment, depending on the situation.
If you believe you have been dismissed unfairly, constructively or wrongly, and you believe the reasoning is related to you going through the menopause, you may have grounds to bring a dismissal claim.
Although menopause is not classed as a disability, the Employment Tribunal has stated that certain symptoms associated with the menopause can be classed as a disability. This means a disability discrimination claim relating to menopause could be successful depending on the circumstances. Under the Equality Act 2010, disability is defined as a “physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.” As stated above, certain symptoms of the menopause such as memory loss could fall under this category.
As gender reassignment is a protected characteristic under the Equality Act 2010, there may be grounds for a claim if non-binary or transgender people, who are going through the menopause, are disregarded on the basis of identifying differently.

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