Growing numbers of women are taking their employers to court citing the menopause as proof of unfair dismissal and direct sex discrimination, researchers have said.
According to a report in The Guardian, the latest UK data reveals that there were five employment tribunals referencing the claimant’s menopause in 2018, six in 2019 and 16 in 2020. There have been 10 in the first six months of 2021 alone.
Experts say the rise in cases shows women are increasingly feeling empowered to challenge employers who do not understand the impact the menopause can have and offer them support.
“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,” said Dee Murray, founder and CE of Menopause Experts, which carried out the research. Women aged 50 to 64 are the fastest-growing, economically active group in the UK, due to issues including the rise in the state pension age for women, increased life expectancy and the impact of COVID.
Adam Pavey, director of Employment and HR at Pannone Corporate law firm, has defended claimants in tribunals concerning the menopause, notes The Guardian.
He said the rise in the number of tribunals was due to improved education and information, making women better informed and more empowered. ‘
“But the law in this area is too far behind the reality,” he said, warning that tribunals’ decisions vary according to which judge hears the case. “The lack of consistency from tribunals as to whether menopause is an issue of disability or sex discrimination is cause for concern,” he said.
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