Menopause In The Workplace Solicitors

If you are going through the menopause and you believe your employer has treated you less favourably as a result, or has refused to make adjustments in order to support your needs, we can help.

Our Menopause in the workplace specialists are here to help

Going through the menopause at work can be challenging, and it can sometimes make it difficult to carry out your job as normal. Some menopausal symptoms may include memory loss, insomnia and hot flushes, which can affect job performance.

Although menopause isn’t classed as a disability, and there isn’t any menopause discrimination legislation currently, it does not mean that you aren’t protected.

Menopause support in the workplace

It’s important to for employers to make sure any employees going through the menopause are supported in the workplace. While having a Menopause Policy isn’t a legal requirement, many employers will have put together a policy to make sure their employees feel supported and acknowledged in this regard. The policy might outline reasonable adjustments, which could include:

Allowing regular breaks for employees struggling with menopause symptoms;
Enabling flexible working arrangements;
Acknowledging the need for time off work and medical appointments;
Providing a “champion” within the business for menopausal employees to go to if they need support;
Making sure employees are not wrongfully, unfairly or constructively dismissed because of the menopause;
Providing desk fans for employees who are experiencing hot flushes as part of the menopause.

ACAS menopause at work help

According to ACAS, “employers should make sure they have steps, procedures and support in place to help staff affected by the menopause.” It is expected that employers will know how menopause relates to the law, aligning with both the Equality Act 2010 and the Health and Safety at Work Act 1974.

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Can you bring menopause claims? toggle accordion

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:

What’s the link between age discrimination and menopause? toggle accordion

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.

What’s the link between sex discrimination and menopause? toggle accordion

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.

What if I’m dismissed for going through the menopause? toggle accordion

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.

Are menopause symptoms classed as disabilities in the workplace? toggle accordion

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.

I went through gender reassignment, and am experiencing menopause. What if I’m treated differently? toggle accordion

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.

Menopause in the Workplace legal services

Our approach to menoapuse in the workplace claims

Working with you to understand what’s happened
Understanding your employer’s approach to menopause support
Doing what we can to achieve the best outcome for you

Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

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Our no win, no fee arrangement

We have a no win, no fee arrangement available, which is known as a Damage Based Agreement (DBA). A DBA is where the payment of our fees depends upon the success of the claim. This means that if the case is won or settlement terms are agreed, we would be paid by taking a percentage of the compensation that you are awarded. We are one of the only employment law firms in the UK to offer Damaged Based Agreements (DBAs) for all types of claimant employment cases.

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Kind words from our employment clients

Neha Thethi

Head of Employment

Employment

Lucy Needham

Solicitor

Employment

Get in touch with our no win, no fee Menopause in the workplace solicitors today

If you need to talk to someone straight away you can call us for free on 0808 164 0808

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Other Employment Claims claims we can help with

Flexible working claims → Age discrimination → Sex discrimination →

Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.