Case study: Menopause at work and what employers can learn from a £29k tribunal payout

In a recent tribunal, Ms. G. Platukyte, an administrative officer at the Ministry of Justice, was awarded £29,065 after her employer withdrew previously accepted work-from-home arrangements for her debilitating menstrual health symptoms which included migraines, severe pain, vomiting and even loss of consciousness. When remote working was withdrawn, Platukyte was forced to choose between attending work in a vulnerable state or taking sick leave. The subsequent attendance warnings led to an employment tribunal ruling that she had suffered discrimination arising from disability and a significant injury to feelings including stress, anxiety, depression and severe personal impacts over 17 months

 

This damage underscores that menopause or menstrual health symptoms can constitute a disability, especially when symptoms are long-lasting and substantially impair daily functioning.

 

UK Law: The Equality Act 2010 and reasonable adjustments


1. Menopause symptoms as disability

Though menopause itself isn’t listed as a protected characteristic, its severe symptoms may qualify as a disability if they have a substantial and long-term impact on daily activities. This triggers legal obligations under the Equality Act 2010. A number of cases demonstrate that the tribunal system recognizes menopause-related impairments as disabilities in appropriate instances.


2. Legal protections

  • Disability discrimination: Employers must make reasonable adjustments and cannot treat employees less favourably due to disability-related reasons. 
  • Sex and age discrimination: Negative treatment related to menopause may also be unlawful under sex or age protections 
  • Harassment or victimisation: Ridicule or penalization for menopause symptoms can constitute harassment or victimisation
  • Workplace safety: The Health and Safety at Work Act demands accommodations for health-related issues, including menopausal symptoms

 

3. EHRC guidance

In February 2024, the EHRC issued clear guidance: If menopausal symptoms significantly impact day-to-day life, they can legally count as a disability, and employers must make reasonable adjustments to avoid discrimination.

 

The EHRC is also advocating that menopause should be formally recognised as a protected characteristic under the Equality Act, enabling more straightforward combinations.

 

How employers can stay compliant and be supportive

 

Understand and respect adjustments

Employers must proactively consider and apply reasonable adjustments based on individual need, like WFH, flexible hours, rest areas, fans, or uniform adaptations. In the Platukyte case, her employer misunderstood occupational health advice and treated WFH as optional and this legal misstep cost them dearly.

 

Best practice: Meet with the employee and occupational health, record agreed adjustments clearly, communicate across teams, and review regularly .

 

Create a menopause policy

Include menopause considerations in your HR handbook or sickness policy. Templates are available to help guide formal support measures. Download our menopause policy template.

 

Train and raise awareness

Implement manager training and equality/diversity programmes. Foster a culture where employees feel safe to discuss menopause without fear of ridicule or career repercussions.

 

Monitor policy

Track how menopause and related absences are handled. Ensure employees experiencing symptoms are not unfairly penalised or excluded from opportunities.

 

Align with safety obligations

Under health and safety legislation, assess and adjust environmental factors such as temperature, ventilation, seating, to support well-being.

 

Be consistent and empathetic

Ad-hoc responses leave room for inconsistency and claims. In Platukyte’s situation, an inconsistent WFH policy, granted sometimes, denied others, created uncertainty and harm .

 

Why This Matters

  • Retention and morale: Women may leave their roles if they feel unsupported. In addition, millions of workdays are lost annually due to menopause. 
  • Legal risk: Tribunal claims are on the rise. The Ministry of Justice case is the latest in a series of examples. 
  • Inclusive culture: A proactive approach enhances diversity, equity, and employee trust. 

Adapt or be at risk 

  • Recognise that menopause can be a disability 
  • Treat symptom-related requests with the same respect as other health issues 
  • Implement clear, documented policies and adjustments 
  • Train managers and foster open dialogue 
  • Review and adapt workplace practices regularly 

By taking these steps, employers not only reduce legal exposure. They also demonstrate genuine care, retain experienced talent and build truly inclusive workplaces.

 

The case of Ms G Platukyte is a real-world illustration of how failure to accommodate menopause symptoms can lead to intense emotional harm and legal consequences. Under current UK law, disability, age and sex discrimination protections apply, and employers are under increasing pressure to act sooner and more decisively.

 

Employers that do act with empathy, policy clarity, proactive support and ongoing training will not only protect themselves politically and legally but also preserve experienced staff and foster truly inclusive workplaces.

 

Our guide to World Menopause Day provides you with everything you need to know about menopause at work. Get it here.