Kate Palmer, employment services director at Peninsula, says, “Whilst at first glance, statistics suggest that menopause related unfair dismissals are drastically on the rise, it is likely that there are other factors to consider. The rise in menopause-related tribunals could also be due to menopause becoming more prevalent in public consciousness. In the past, similar cases may have been considered as sex or age related. Now able to be more accurately categorised, cases like these are highlighting the struggles that those experiencing menopause in the workplace are facing.

“Menopause symptoms can be completely debilitating and, with half the working population experiencing menopause at some point in their life, it’s important for employers to take their responsibility to accommodate this seriously. As well as the moral implications of treating an employee differently due to a health condition, businesses must ensure they’re legally compliant with the Equality Act.

“Despite menopause itself not being a protected characteristic, employers must proceed with caution. Any health condition, including the menopause, may be considered a disability under the Equality Act if its symptoms have a detrimental impact to the employee’s ability to carry out their role for longer than a period of 12 months.”

Employers that opt not to consider and accommodate employees experiencing menopause symptoms run the risk of facing significant costs, as well as reputational damage. This is exactly what happened in the case of Mrs M Lynskey v Direct Line Insurance Services Ltd, where the claimant won over £64,000 for the employer’s failure to accommodate her menopause symptoms.

Kate continued, “Employers should take a proactive approach to supporting employees who are experiencing menopause symptoms. Having a dedicated menopause policy will effectively signpost the steps employees should take, and the support measures which are available, should they need them. Leaders should also receive are adequate training to be able to offer this support.

“Other measures such as adjusting your dress code policies, or making physical amendments to the workspace, like improved ventilation, controlling the temperature, and changing desk layouts, can increase comfort levels, where they are able to be implemented. Flexible working, longer or more frequent breaks, and a temporary adjustment to work duties can also go a long way in supporting staff. Making these adjustments will not only help employers to meet their duty of care but can also improve productivity, satisfaction, and morale, which in the long run, will lead to enhanced retention and company reputation.”