Menopause Discrimination
Have you been discriminated against in the workplace or unfairly dismissed because of the menopause or reasons arising from it?
Menopause is not a protected characteristic in itself specified under the Equality Act 2010. However, if you are treated unfavourably by your employer because of your menopause symptoms, or you are treated less favourably because you are going through menopause or for reasons relating to menopause, this could be discrimination under one of the following protected characteristics. For example:
If you feel you have been treated less favourably or unfavourably because of menopause or for reasons related to it, you may be able to make a claim to an Employment Tribunal.
You must make the claim within 3 months less one day of the act of discrimination relied upon. You can read more about the “limitation date” on our Discrimination Law page.
We understand that the last date of discrimination can be difficult to pinpoint. However, you must be very careful that you don’t fall outside of the 3-month period.
If you would like to proceed with your claim, fill in one of our contact forms or call our solicitors directly on 0800 612 9509 to discuss your case in detail.
Menopause typically happens between the ages of 40 and 55. Though, it can happen at any point between 30 and 60 years of age.
Although not all women suffer from symptoms, for some they may be severe and last a long time. Employers, therefore, need to be aware of the issues surrounding menopause and ensure they act in an understanding and supportive way.
The physical and physiological symptoms associated with menopause vary but may include:
Unfortunately, the effects of menopause are likely to manifest in sickness absence and performance issues.
Employers must tread carefully to avoid unfair dismissal, sex discrimination, disability discrimination, and age discrimination. This is because failure to make reasonable adjustments, direct discrimination arising from a disability, victimisation, and /or harassment can all lead to employment tribunal claims being made.
If you have experienced any of the above, don’t hesitate to get in touch with our employment law solicitors. We will assess the merits of your potential claim which we are normally happy to do free of charge.
If you are an employee or a worker, you are protected from being treated less favourably because of your age or age band. This could potentially include less favourable treatment because you are going through menopause, as menopause is usually related people of a certain age (usually in their 40’s or 50’s).
Follow this link to read more about age discrimination.
In some instances, menopause could be considered a disability under discrimination law. This is if the symptoms are such that they have a substantial adverse effect on your normal day to day activities (assuming you take no medication like HRT) and have or will do so for at least 12 months.
If you are disabled, your employer should consider making reasonable adjustments to reduce or remove any disadvantages you might experience because of it. This might include agreeing to record absence because of the menopause separately from other sickness absences.
Employers should generally focus on supporting you, rather than trying to work out if your condition is a disability.
So, if you are affected by menopause and your employer treats you unfavourably because of something arising from your disability, this could be ‘discrimination arising from disability’.
Follow this link to learn more about disability discrimination.
Unfair treatment because of your sex could lead to a direct discrimination claim. Of course, men don’t generally suffer from the menopause.
Your employer should be aware that unwanted behaviour about your menopause symptoms could count as harassment or sexual harassment depending on the nature of behaviour.
Follow this link to learn more about sex or sexual orientation discrimination.
You may be able to pursue another type of claim. This, however, will depend on your personal circumstances.
There has been a substantial increase in the number of women taking their employers to the tribunal.
If you are experiencing discrimination in the workplace or have been unfairly dismissed by your employer, don’t hesitate to get in touch with us.
If you are looking for a No Win Fee Employment Law Solicitor to represent you, we need to assess the merits of your potential claim which we are normally happy to do free of charge.
Fill in our quick form and one of our employment law experts will contact you to discuss how we can help you