Is menopause a disability? What employers need to know

Menopause is increasingly featuring in employment law discussions, with a growing number of tribunal claims highlighting the legal risks for employers who fail to meet their obligations.

What is menopause and why does it matter at work?

Menopause is a natural life stage, typically occurring between ages 45 and 55, although it can happen much earlier or later.

Symptoms can be wide-ranging and significant, including brain fog, fatigue, anxiety, sleep disruption and cognitive difficulties. These symptoms can directly affect performance, attendance and confidence.

They are also often not immediately visible, making it harder for employers to identify when support may be required.

While symptoms may last around a year, this can vary considerably and present differently from one individual to another.

Can menopause amount to a disability?

Menopause itself is not a protected characteristic. However, under the Equality Act 2010, an employee may be disabled if their symptoms have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

The Equality and Human Rights Commission (EHRC’s) guidance (updated August 2025) makes clear that where this threshold is met, employers must consider reasonable adjustments and avoid unfavourable treatment.

The risk often arises not from deliberate neglect but from lack of awareness, with managers failing to recognise the situation early enough.

Recent cases illustrate how these issues can arise.

Case: Rooney v Leicester City Council

In this case, the Employment Appeal Tribunal confirmed that menopause symptoms can amount to a disability and demonstrated how wide‑ranging their impact can be.

The claimant experienced anxiety, fatigue and significant memory issues, leading to difficulties such as forgetting appointments, leaving appliances on and spending prolonged periods in bed.

Although the Tribunal initially dismissed the claim, focusing on what she could still do, this approach was overturned on appeal.

On reconsideration, it was accepted that the focus should instead be on the activities that the employee could not do or not do as well. In this instance the legal definition of disability was met.

The case highlights the need to assess the overall impact of symptoms, rather than isolating individual incidents.

Case: Lynskey v Direct Line

In this case, Lynskey v Direct Line, the employer was ordered to pay around £65,000 after failing to make reasonable adjustments.

The employee’s symptoms affected her performance, but she was still managed under standard performance processes with no allowance or reasonable adjustments to allow for the ways in which the menopause impacted her performance.

These cases underline a key point: what appears to be a performance issue may in fact reflect an underlying health condition requiring a different approach.

Fluctuating symptoms and the “long-term” test

Symptoms do not need to be constant. They may fluctuate or recur over time.

In Chan v Stanstead Airport Ltd, the Tribunal confirmed that menopause symptoms can still be “long-term” where they were recurring.

The employee experienced stress, anxiety and cognitive symptoms over several years, including three separate periods of sickness absence. While not continuous, their recurrence and likelihood of further episodes meant the legal test was met.

This reinforces the need to consider the overall pattern and impact, rather than whether symptoms are consistently present.

Since menopause symptoms can fluctuate, present in different ways and are not always clearly disclosed, they can easily be mistaken for performance or attendance issues.

If employers move too quickly into formal processes without ascertaining whether there is an underlying health condition and, if so, whether, and to what extent, it may affect their concerns regarding the employee’s performance, they risk exposing themselves to discrimination claims, to which there is no cap on compensation.

What’s next and key steps for employers

Under the Employment Rights Act 2025 (ERA), larger employers will be expected to introduce menopause-related action plans from 2026 on a voluntary basis, becoming mandatory in 2027.

While this does not create new legal rights, it raises expectations on employers to take a proactive approach.

Practical steps for employers include:

• Training managers to recognise menopause symptoms
• Avoiding default reliance on performance management
• Using occupational health at an early stage
• Considering reasonable adjustments
• Creating a culture where employees feel able to raise concerns

In summary

Menopause might not always be obvious, but that does not reduce the legal risk.

Tribunals are increasingly willing to treat menopausal symptoms as a disability where the impact is significant. For employers, the key is recognising that risk early and taking a considered, supportive approach.

How can Morr & Co help?

If you have any questions or would like any further information on the contents of this article or assistance in reviewing your existing policies and procedures, please do not hesitate to contact our Employment team on 0333 038 9100 or email employmentEmail@morrlaw.com and a member of our expert team will get back to you.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.