A beauty therapist who was dismissed after experiencing significant menopause symptoms has been awarded more than £32,000. This follows her success in several claims against her former employer regarding menopause in the workplace.

The beauty therapist had experienced symptoms including migraines, hot flushes and recurrent urinary tract infections. Shortly after asking for more flexible working arrangements to help manage her symptoms, she was dismissed and was the only beauty therapist not offered work with the successor business.

An Employment Tribunal subsequently upheld claims including disability discrimination, failure to make reasonable adjustments, wrongful dismissal, victimisation and unlawful deduction from wages. She was awarded a total of £32,237.

The case provides an important reminder of the legal issues surrounding menopause in the workplace and why employers should take employees’ symptoms and requests for support seriously.

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Menopause in the Workplace: What Happened in the Case?

The experienced beauty therapist began working for Footlaffs Ltd in June 2022. From 2022 onwards, she experienced significant perimenopausal and menopausal symptoms. These included migraines, hot flushes and recurrent urinary tract infections, which became progressively worse during 2023 and early 2024.

In April 2024, she told the owner of the clinic about her difficulties with menopause symptoms. They also discussed hormone replacement therapy. Unfortunately, her symptoms continued to cause problems, and in May, she took a day off because she was struggling to cope with their severity.

The beauty therapist subsequently made a request for greater flexibility in her working arrangements. She explained that she wanted a better balance between work and family life. Specifically, she referred to the impact the menopause was having on her, particularly when working later shifts. She even proposed trying the arrangement for three months. However, she did not receive a substantive response to the request.

The Beauty Therapist Was the Only One Not Rehired

At the end of May 2024, employees at Footlaffs were dismissed on the basis of redundancy. However, most staff, including the other therapists carrying out aesthetics work, were offered contracts allowing them to continue working seamlessly for a successor business.

The beauty therapist was the only one of the therapists carrying out aesthetics work who was not offered a new contract, and she was not given an explanation for why she had been excluded. The Employment Tribunal found there was insufficient evidence of an alternative non-discriminatory explanation for why she had not been retained.

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Employment Judge Jonathan Burns concluded that the reason was connected with the inconvenience of employing someone struggling with menopause symptoms.

What Did the Tribunal Decide?

The beauty therapist succeeded in claims including disability discrimination, failure to make reasonable adjustments, victimisation, wrongful dismissal and unlawful deduction from wages. Not all of her claims succeeded, with claims of automatic unfair dismissal and direct discrimination being dismissed.

She was awarded a total of £32,237. The reported compensation included £3,228 for unpaid wages, £510 for notice pay and £12,077 for loss of salary. She was also awarded £16,422 for injury to feelings, reflecting the impact the treatment had on her.

The case demonstrates that employers should be particularly careful about employment decisions made shortly after an employee discloses significant menopause symptoms or asks for changes to help manage them.

What Does Menopause Discrimination Look Like?

There is no standalone protected characteristic of “menopause” under the Equality Act 2010. However, menopause discrimination can potentially fall within existing protections, particularly those relating to disability, sex and age. Acas also notes that gender reassignment discrimination could be relevant in some circumstances.

This means employers should not assume that treating someone unfairly because they are experiencing menopause symptoms falls outside discrimination law simply because menopause itself is not listed as a protected characteristic.

Treating Menopause-Related Absence Unfairly

An employee may need time away from work because of migraines, anxiety, sleep problems or other menopause-related symptoms. If an employer penalises the employee for these absences without properly considering the circumstances, discrimination issues could potentially arise.

Acas recommends that employers consider recording menopause-related absence separately from other sickness absence. This is particularly relevant where treating it in the same way could disadvantage the employee.

Ignoring Requests for Workplace Adjustments

Menopause symptoms can affect people differently. Some employees may benefit from flexible start and finish times, additional breaks, changes to duties, or working from home.

Acas recommends discussing possible changes with employees and reviewing arrangements as their symptoms and needs change. Where menopause symptoms amount to a disability, the employer may have a legal duty to make reasonable adjustments. Ignoring a request without properly considering it could potentially create legal problems.

Making Derogatory Comments About Menopause in the Workplace

Jokes, insults or unwanted comments concerning an employee’s menopause symptoms can also create discrimination and harassment risks. Acas explains that unwanted behaviour relating to menopause symptoms could potentially amount to harassment or sexual harassment depending on the nature and circumstances of the behaviour.

Managers and colleagues should therefore avoid dismissive comments about symptoms, an employee’s age or their ability to perform their role because they are going through menopause.

Treating Performance Problems Without Considering the Cause

Symptoms associated with menopause can sometimes affect concentration, memory, sleep and energy levels. If an employee suddenly begins experiencing performance difficulties, an employer that already knows about significant menopause symptoms should consider whether there may be a connection before simply treating the matter as a capability or disciplinary issue.

Acas has previously identified cases involving employees alleging that menopause symptoms were relevant to misconduct, poor performance, attendance issues and dismissal.

Is Menopause a Disability?

Menopause is not automatically a disability. However, the effects of menopause can amount to a disability in some circumstances.

Under the Equality Act 2010, a person will generally be considered disabled where they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Whether menopause symptoms meet this definition will therefore depend on their nature, severity, duration and impact on the individual.

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Acas gives the example of someone experiencing severe depression over several years because of menopause, where the condition substantially affects their ability to work. Depending on the circumstances, this could meet the legal definition of disability.

Symptoms do not necessarily need to be visible to be serious. For some people, menopause may involve significant physical and psychological effects that interfere with sleep, concentration, memory, communication, travel, work and other ordinary activities. Where those effects meet the Equality Act definition, the employee may receive protection against disability discrimination.

What Does Disability Protection Mean for Employees Experiencing Menopause in the Workplace?

If an employee’s menopause-related condition amounts to a disability, several important protections may apply. An employer may have a duty to make reasonable adjustments where the employee would otherwise be placed at a substantial disadvantage.

Acas suggests that adjustments for employees experiencing menopause symptoms could potentially include flexible start and finish times, additional breaks, a private place to rest, home working where practical, changes to duties and greater control over the working environment.

For example, an employee experiencing severe hot flushes might benefit from a cooler working environment or access to a fan. Someone whose symptoms are made worse by late shifts might request different working hours.

What is reasonable will always depend on the individual circumstances. An adjustment that is appropriate for one employee or workplace will not necessarily be appropriate for another. Employers should therefore speak to the employee rather than making assumptions about what they need.

Could Menopause Discrimination Also Be Sex or Age Discrimination?

Menopause discrimination could potentially encompass sex or age discrimination. Acas explains that employees and workers are protected against less favourable treatment because of sex. Treatment associated with menopause could potentially result in a sex discrimination claim where the legal requirements are satisfied.

Age discrimination can also become relevant because menopause is commonly associated with a particular stage of life. For example, making derogatory assumptions about someone’s competence because of their age and menopause symptoms could potentially create age discrimination concerns.

However, menopause can occur at different ages, including as a result of medical treatment or surgery. Employers should therefore avoid making assumptions based on someone’s age.

When Should Employees Seek Legal Help?

Employees experiencing difficulties with menopause in the workplace may initially be able to resolve matters by speaking to their manager or HR department.

It can be useful to explain the symptoms being experienced, how they affect work and what practical changes might help. Where appropriate, employees could also make a flexible working request or ask for reasonable adjustments. Keeping a written record of requests and the employer’s response can be helpful if a dispute later develops.

However, employees may want to obtain employment law advice where they believe they are being treated unfavourably because of menopause symptoms, their employer has refused to consider reasonable adjustments, they are being harassed, or they are facing disciplinary action, redundancy or dismissal.

Legal advice may be particularly important where the employee believes their symptoms could amount to a disability under the Equality Act. Employment Tribunal claims are subject to strict time limits. In many discrimination cases, the usual time limit is three months less one day from the act complained of, although the precise calculation can depend on the circumstances and Acas Early Conciliation can affect the deadline.

Employees should therefore avoid waiting until an internal grievance or another workplace process has concluded before checking the applicable limitation period.

Menopause in the Workplace: What Can Employers Learn?

The beauty therapist case highlights the importance of employers responding appropriately when an employee explains that menopause symptoms are affecting their work. Employers should listen to employees, consider requests for support properly and avoid making assumptions about someone’s ability to perform their role.

Managers should also understand that menopause discrimination can overlap with existing Equality Act protections even though menopause itself is not a standalone protected characteristic.

Read More: Why Every Employer Needs a Menopause Policy

Where symptoms could amount to a disability, reasonable adjustments may become a legal obligation rather than simply an example of good workplace practice. The consequences of getting this wrong can be significant.

The beauty therapist had explained that menopause was affecting her, particularly when working later shifts, and asked for greater flexibility. Shortly afterwards, she was the only beauty therapist not offered continued employment with the successor business.

Her subsequent award of more than £32,000 demonstrates why employers should take menopause in the workplace seriously and ensure employees experiencing significant symptoms receive fair and lawful treatment.

Faced Menopause in the Workplace Discrimination? Get Help with Redmans

If you believe you have experienced menopause discrimination or unfair treatment at work because of menopause symptoms, contact Redmans Solicitors. Our specialist employment solicitors can assess your circumstances, explain your legal rights and advise you on your possible next steps.

If you may have grounds to bring an Employment Tribunal claim, we can also guide you through the process.

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• Phone 020 3397 3603
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