Menopause claims triple in two years, tribunal statistics show

The latest tribunal statistics have been released covering January to March 2025. And wherever you look in the data, one thing is clear, Employment Tribunal claims are continuing to rise.

The latest tribunal statistics have been released covering January to March 2025. And wherever you look in the data, one thing is clear, Employment Tribunal claims are continuing to rise.

·  At the end of March 2025, the open caseload sat at 45,000 claims, an increase of 32% on the same time last year.

· Disability discrimination claims saw the biggest increase during January to March of this year, rising almost 28% on the previous quarter with a total of 2,231 claims during the period.

·        Discrimination claims overall saw a marked increase, making up around 30% of the total claims for the period, a more than 15% increase on the previous quarter.

·        The number of menopause related cases has more than tripled in the last two years, according to data published by HMCTS, with 204 cases citing menopause in 2024 compared to 64 in 2022.

·        Redundancy pay and working time directive claims both rose around 25% to 484 and 1,232 respectively.

Kate Palmer, Employment Services Director at Peninsula, says ““Unfair dismissal claims make up 22% of the total Employment Tribunal caseload, statistically the most common claim brought to tribunal. Currently, employees need to have at least two years’ service in order to claim ordinary unfair dismissal, so we can expect this figure to soar once the proposed day one right to claim unfair dismissal comes into effect as part of the Employment Rights Bill.

“The spike in cases related to menopause should also make employers take notice. This could partly be attributed to the definition of disability – which menopause can fall under – following the well-publicised ruling in Mrs M Lynskey v Direct Line Insurance in 2023, well as increased awareness.

“Any health condition, including menopause, may be considered a disability under the Equality Act if its symptoms cause a substantial and long-term adverse effect on the employee’s ability to carry out normal day-to-day activities. Since only women, and those assigned female at birth, are affected by menopause, placing an employee at a disadvantage for a women’s health issue could amount to sex discrimination or harassment. Menopause symptoms can be debilitating and, with half the working population experiencing menopause at some point in their life, it’s important for employers to take their legal requirements seriously.”

Rob McKellar, Legal Services Director at Peninsula, says “These figures, alongside the continued progression of the Employment Rights Bill have sparked calls for the Government to intervene and provide support to the Employment Tribunal system before the situation worsens. In some regions, tribunal claims are currently being listed for 2028 – delaying justice and adding significant stress, anxiety and cost for all parties.

“The continued rise in employment tribunal claims highlights the need for businesses to be compliant with the law. A particular point of interest is the rise in disability discrimination claims which matches what we’ve been seeing lately – an increase in successful claims, especially those centring around neurodiversity. This highlights the risk of employers not fully understanding their obligations to make reasonable adjustments under the Equality Act, particularly when they aren’t as clear cut as they are for a physical disability for example.”

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