Is Menopause A Disability?

Whilst potentially considered a taboo subject in the past, there is now far more conversation about menopause and, with employment rates for women aged 50 – 64 increasing from 46.9% in 1992 to 66.3% in 2023, more women are experiencing menopause during their working lives than ever before. The recent Employment Tribunal case of Lynskey v Direct Line Insurance Services Ltd demonstrates that menopause symptoms can amount to a disability under the Equality Act 2010 (EqA) and serves as a reminder for employers to evaluate their current approaches to women experiencing menopause to avoid potential claims.

Does menopause fall under the EqA?

It is possible that menopause can be a disability and to determine this, a Tribunal would need to consider whether the symptoms of menopause satisfy the test for disability which is whether the impairment has a substantial and long-term adverse effect on a person's ability to carry out day-to-day activities.