An increasing number of women are bringing cases to the Employment Tribunal that cite menopause as the reason for unfair dismissal and direct sex discrimination ( less favourable treatment of someone who has a protected characteristic).

New data show that there were five tribunals that detailed the claimant’s menopause in 2018, six in 2019 and 16 in 2020. This year has already seen 10, The Guardian reports.

Said Dee Murray, the founder and Chief Executive of Menopause Experts, which carried out the research:

“I can see that this will carry on building until such time as there are some really big, group lawsuits, which I’m sure there will be. The women in a lot of the big companies are already setting up their own private, internal menopause support groups. If they decide their issues are not supported by HR, you could potentially have a real problem.”

The Guardian gives the example of claimant Aggie Kownacka, who was told by her boss – a woman – that it was “no big deal” to face menopause at the age of 37 and no longer be able to conceive. The comments amounted to harassment but not discrimination, the judge held.

Ms Murray said:

“We hear horror stories about how women are discriminated against in the workforce. Sadly, menopause is one area where employers keep getting it wrong. This dramatic rise in the number of Employment Tribunals citing menopause shows how women are standing up for themselves against outdated and ill-informed bosses.”

The Guardian cites Adam Pavey, the Director of Employment and HR at Pannone Corporate law firm, who has defended claimants in tribunals concerning the menopause. He said the rise in the number of tribunals was due to improved education and information, making women better informed and more empowered. However, he warns that tribunals’ decisions vary according to which judge hears the case:

“The law in this area is too far behind the reality. The lack of consistency from tribunals as to whether menopause is an issue of disability or sex discrimination is cause for concern. Employers and employees need clarity so this can be tackled proactively, and the law needs to catch up. We urgently need decisions from the appeal courts as this lack of clarity will continue until we see some real guidance in this area.”