Menopause symptoms as a disability: reasonable adjustments and section 15 claims succeed
A telesales consultant with menopausal symptoms won £64,645 after her employer failed to make reasonable adjustments and treated her unfavourably due to her disability.
1 min read · Last updated 18 May 2026
Case details
- #menopause
- #disability-discrimination
- #reasonable-adjustments
- #section-15
- #constructive-dismissal-failed
- #affirmation
- #performance-management
Key facts
- The claimant was employed as a telesales consultant from April 2016 and resigned on 3 May 2022.
- She suffered from menopausal symptoms including brain fog, memory problems, and anxiety, which the respondent conceded as a disability from January 2023.
- The respondent knew or ought to have known of her disability from June 2020.
- The claimant was moved to a telematics role in July 2020, which was intended as a reasonable adjustment.
- She received a 'need for improvement' performance rating in January 2021, resulting in no pay rise, and a written warning in April 2021.
- Her company sick pay was stopped in September 2021, which the tribunal found to be a repudiatory breach of contract.
Timeline
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Employment started
Claimant began working as a motor sales consultant for Direct Line Insurance Services Ltd.
-
GP diagnosis
Claimant diagnosed with hormone imbalance/depression/low mood and prescribed citalopram.
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Move to telematics role offered
Mr Dalby offered the claimant a role in the telematics team, which she accepted.
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Started telematics role
Claimant began working in the telematics team with one-to-one training.
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Performance rating 'need for improvement'
Claimant was rated 'need for improvement' for 2020, resulting in no pay rise.
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Written warning issued
Claimant received a first written warning for performance, lasting 12 months.
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Sick pay stopped
Claimant was informed that company sick pay would be stopped because her absence was unsustainable.
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Return-to-work plan changed
Ms Wilburn told the claimant that one-to-one refresher training was not available due to budget constraints.
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Resignation
Claimant resigned, citing constructive unfair dismissal and discrimination.
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Liability judgment
Tribunal found in favour of claimant on reasonable adjustments and section 15 claims, but dismissed constructive dismissal and other discrimination claims.
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Remedy hearing
Tribunal awarded £64,645.07 in compensation.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for the claimant's disability (menopausal symptoms causing brain fog, memory problems, and anxiety) and whether it treated her unfavourably because of something arising from her disability, such as performance management and stopping sick pay.
The outcome
The tribunal upheld the claims for failure to make reasonable adjustments and discrimination arising from disability (section 15). However, the constructive unfair dismissal claim failed because the claimant had affirmed her contract after the last repudiatory breach (stopping sick pay) by continuing to work for several months.
Compensation awarded:
- Total: £64,645.07 (breakdown not specified in the facts)
Lessons & takeaways
- Menopausal symptoms can amount to a disability under the Equality Act if they have a substantial and long-term adverse effect on daily activities.
- Employers should consider reasonable adjustments for menopausal symptoms, such as flexible working or changes to performance targets.
- Stopping company sick pay for a disabled employee without proper justification may be discriminatory and a breach of contract.
- Employees who continue to work after a repudiatory breach risk affirming the contract and losing the right to claim constructive dismissal.
- Keep records of all requests for adjustments and the employer's responses, as these are crucial evidence in tribunal claims.
This case highlights how menopausal symptoms can be recognised as a disability under the Equality Act 2010, and the legal duties this places on employers. The claimant, a telesales consultant with six years' service, suffered from brain fog, memory problems, and anxiety due to menopause. Direct Line Insurance Services Ltd conceded her condition was a disability from January 2023, but the tribunal found they knew or ought to have known from June 2020.
What went wrong
Although the employer moved the claimant to a telematics role as a reasonable adjustment, they then failed to maintain support. She was given a 'need for improvement' rating, a written warning, and had her company sick pay stopped. The tribunal found that stopping sick pay was a repudiatory breach of contract, but because she continued working for eight months after, she had affirmed the contract and could not claim constructive dismissal. However, the performance management and the decision to stop sick pay were found to be unfavourable treatment arising from her disability, and the employer had not made sufficient adjustments in the telematics role.
What could have been done differently
The employer could have offered ongoing adjustments such as refresher training (which was refused due to budget constraints) or adjusted performance targets. They should also have considered the impact of menopause on her performance before issuing warnings. The tribunal noted that the employer's failure to provide an updated medical report or consider further adjustments put the dismissal outside the range of reasonable responses, though the constructive dismissal claim failed on affirmation grounds.
Why this matters
This case is a reminder that menopause-related symptoms can be a disability, and employers must take them seriously. The award of £64,645 reflects the financial impact of discrimination, including lost earnings and injury to feelings. For employees, it shows the importance of not delaying a claim after a breach of contract, as continuing to work can waive the right to resign and claim constructive dismissal.
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