‘Banter’ And Menopause In The Workplace

2024 Employment Tribunal statistics act as a vital reminder for employers to assess their workplace, especially in relation to ‘banter’ and menopause.

It’s been recently revealed that the number of menopause related claims bought in the Employment Tribunal have significantly increased. Released data from HM Court and Tribunal Services showed that there were 64 menopause related claims in 2022 but 2024 saw this figure more than treble to 204. Additionally, further stats exposed that workplace ‘banter’ led to 57 Employment Tribunal claims.

These statistics, combined with the plans outlined in the proposed Employment Rights Bill, should act as a potent reminder for employers to take action to minimise the risk of costly employment claims. If you don’t already know, tribunal awards in discrimination claims (which is what menopause related claims and ‘banter’ would fall under) are not capped, so they can be financially damaging as well as damaging to a business’s reputation.

Menopause is increasingly becoming a more talked about topic within the workplace (and rightly so!). ‘Banter’ on the other hand, is becoming less and less checked, especially in light of expanding discrimination/harassment law.

So, what can employers do to help minimise the risk of employment related claims?

‘Banter’

Under the new sexual harassment legislation that came into force in October 2024, employers are under a legal duty to actively prevent sexual harassment during employment. Employers can be held liable for offensive remarks (even if self-titled as ‘banter’) made by employees, including instances where this happens outside work or on even on messaging apps like social media. Here are some easy steps to consider in light of these changes:

• Ensure managers know when, and how, to intervene if they overhear workplace ‘banter’. Of course, joking at work is normal, but employees need to know what crossing the line is and the employer is responsible for setting and managing that line.
• Have clear policies in place in relation to acceptable conduct and sexual harassment, ensuring this covers remote working and online communications/messaging apps.
• Have clear policies in place in relation to handling complaints about ‘banter’ and inappropriate behaviour.
• Ensure the workplace and/or HR carries out and offers regular training that underpins the policies.
• Have a robust process in place for reporting complaints.

Menopause

Menopause has many connected symptoms which affect an employee’s work. Despite this, menopause is still a major blind spot to many companies. As a reminder, one of the criteria to satisfy ‘disability’ under the Equality Act is that the condition must have a ‘substantial and long-term adverse effect’. This is a subjective test assessed on a case-by-case basis, and it is therefore very possible that menopause may be considered a disability for the purposes of Employment Tribunal Claims. We advise employers to:

• Have a Menopause Policy in place (we can easily draft this for you at a fixed fee).
• Review your existing Flexible Working Policy.
• Offer training to management on the effects of menopause.
• Check out a FREE guide here: https://www.wilsonbrowne.co.uk/news/business/menopause-in-the-workplace/

Our Employment Team at Wilson Browne Solicitors is ideally placed to advise on all legal aspects of Employment Tribunals. For a confidential and no-obligation initial discussion about how we may be able to help, don’t hesitate to get in touch with our team at 0800 088 6004.