Lucy Waller was employed as a programme coordinator at Swann Engineering Group from April 2022 until August 2024. During her employment Lucy had been experiencing some health issues and undergone tests for perimenopause, which had come back negative. However, some of her symptoms were commonly associated with the menopause transition. Lucy had kept her manager informed.
In June 2024, Lucy had been losing her train of thought, and her manager had said “Is someone going through the change?” Later that day, on 3rd June 2024, the same manager stated, “you’re just acting that way because you’re going through the change.” Lucy had then gone on to raise a formal complaint regarding the comments surrounding menopause. In July 2024, a formal complaint was raised regarding the comments and the subsequent treatment she received from her manager.
The treatment alleged included the silent treatment, being moved to a factory office she described as “a dirty environment” and being subject to a performance and capability process which led to her resigning in August 2024.
Lucy brought claims of harassment, victimisation, and constructive unfair dismissal.
In the Tribunal’s judgment of November 2025, it accepted the comments had been made but considered the context of the workplace environment. The Tribunal did not find it reasonable for a claim of harassment to succeed where the workplace environment openly discussed menopause. The Tribunal found the comments alone did not meet the threshold for a successful harassment claim.
The Tribunal found that following the complaint being raised, Lucy was then subjected to detriments. These included being moved offices, the silent treatment and being placed on an improvement plan. The Tribunal found that, collectively, these actions amounted to a fundamental breach of Lucy’s employment contract and breached the implied term of mutual trust and confidence which led to Lucy feeling she had to resign. The Tribunal partially upheld her victimisation claim and upheld her constructive unfair dismissal.
The remedy judgment was issued in June 2026, and Lucy was awarded just over £22,000. This included injury to feelings, loss of earnings (including employer pension contributions), interest accrued and compensation for the constructive unfair dismissal.
A key takeaway from this case is that the original menopause-related comments were not, on their own, sufficient to establish harassment. The more significant issue was the employer's response after the complaint had been raised.
Be alert to victimisation – an employee does not need to succeed with an underlying discrimination/harassment allegation for a subsequent act to potentially amount to victimisation.
Keep complaints separate from other processes – complaints should be managed independently from any performance, capability, or disciplinary concerns.
Where there are legitimate performance issues, employers should be able to demonstrate that those concerns would have been addressed regardless of whether a complaint had been raised.
Ensure consistency and reliable documentation – employers should always ensure that the actions taken towards an employee would be the same for all employees, they should also ensure correct and detailed documentation for all complaints or concerns. A key question here is: are the employer’s actions being taken regardless of any complaints raised by an employee?
Menopause is a normal stage of life, yet many employees still feel uncomfortable discussing its impact at work. Creating a culture where conversations about menopause can take place openly and supportively can help employees access the adjustments and assistance they need.
The tops tips for employers:
Educate the workforce – menopause awareness should not be limited to those experiencing menopause. Providing education across the workforce helps build understanding, reduces stigma and equips managers and colleagues to offer appropriate support.
Normalise conversations – regular check-ins can provide an opportunity for employees to discuss and raise any related concerns and seek support at an earlier stage.
Make support accessible – employers should implement clear support mechanisms, such as menopause policies, workplace guidance, and employee support networks. Employers with 250 or more employees should also ensure they are preparing for mandatory Menopause Action Plan requirements, which are expected to apply from spring 2027.
Recognise individual experiences – menopause affects individuals differently. Employers should avoid assumptions and take a personalised approach when considering support and workplace adjustments.
The decision in Waller v Swann Engineering Group serves as a reminder that an employer's actions following a complaint can create greater legal risk than the original issue itself. Whilst fostering open conversations about menopause is important, employers must ensure that employees who raise concerns are not disadvantaged as a result.
The goal for employers is to create an environment where health (including menopause) can be openly discussed and that managers are aware of how to have those open conversations with employees to create a safer accepting working environment.
If you have any questions about menopause in the workplace, require support in developing a menopause strategy or action plan, or need advice on managing related employee relations issues, please do not hesitate to contact a member of the employment team.
