Introduction
Menopause is no longer a “silent” workplace issue. In recent years, UK employers have faced a sharp rise in employment tribunal claims where menopause was at the centre of disputes. Between 2017 and 2021, the number of tribunal cases citing menopause increased by 44%.
For organisations, this highlights two realities:
- Menopause is a legal issue as well as a wellbeing issue.
- Employers who fail to act risk costly claims, reputational damage, and the loss of valuable staff.
This article explains the legal responsibilities of UK employers when it comes to menopause, with practical guidance on how to reduce risk and create a supportive culture.
The Legal Framework in the UK
Equality Act 2010
The Equality Act 2010 protects employees from discrimination on the basis of nine protected characteristics, including sex, age, and disability.
- Sex discrimination: If an employee is treated unfairly due to symptoms associated with menopause, this can amount to direct or indirect sex discrimination.
- Age discrimination: Menopause typically affects those in their 40s and 50s. Policies or practices that disadvantage people of this age group may amount to age discrimination.
- Disability discrimination: Severe or long-term menopause symptoms can legally be considered a disability if they have a “substantial and long-term adverse effect” on day-to-day activities. In these cases, employers must make “reasonable adjustments.”
Health and Safety at Work Act 1974
Employers have a duty to ensure the health, safety, and welfare of employees at work. That duty extends to considering workplace conditions (such as ventilation or access to rest areas) that may aggravate menopause symptoms.
Employment Rights Act 1996
Under the Employment Rights Act, employees can claim constructive dismissal if they feel forced to resign due to lack of support for menopause-related issues.
Case Law and Recent Tribunal Decisions
Tribunals have increasingly recognised the impact of menopause on working life. A few notable cases include:
- Davies v Scottish Courts and Tribunals Service (2018): An employee with severe menopause symptoms was deemed to be disabled under the Equality Act. The tribunal found the employer had failed to make reasonable adjustments.
- Merchant v BT (2012): The employer dismissed an employee without taking into account her menopause symptoms, relying instead on assumptions. The dismissal was ruled unfair.
- A v Bonmarché Ltd (2019): A retail worker was subjected to humiliating comments about her menopause symptoms. The tribunal upheld her claims of harassment.
These cases underline a key point: tribunals are willing to recognise menopause as a serious workplace issue, and employers who fail to support staff risk legal liability.
Employer Responsibilities
So, what does this mean in practice? UK employers must ensure they:
1. Avoid Discrimination
Employees must not be treated less favourably due to menopause symptoms. This includes recruitment, promotion, training opportunities, and day-to-day working conditions.
2. Make Reasonable Adjustments
Where menopause symptoms amount to a disability, employers must make reasonable adjustments. Examples include:
- Flexible working hours
- Adjusted performance targets during periods of severe symptoms
- Changes to uniform requirements
- Providing access to fans, ventilation, or rest areas
3. Protect Health, Safety and Welfare
Employers must assess risks in the workplace that could worsen symptoms and take steps to minimise them.
4. Train Managers
Managers should understand the organisation’s responsibilities under law, know how to handle sensitive conversations, and be aware of when to involve HR or occupational health.
ACAS and CIPD Guidance
Both ACAS and the CIPD have published practical advice for employers:
- ACAS guidance recommends having a clear menopause policy, training line managers, and treating menopause in the same way as any other workplace health issue.
- The CIPD Menopause at Work report highlights that three in five women say menopause negatively impacts them at work, and calls for employers to take proactive steps to address this.
Employers who follow this best practice reduce legal risks while also improving culture and retention.
The Global Context (Beyond the UK)
While this article focuses on UK law, menopause is increasingly being recognised internationally:
- Australia: Several states have begun reviewing workplace protections for menopause, with some employers adopting menopause leave policies.
- European Union: The EU has encouraged member states to consider menopause in gender equality strategies.
- US and Canada: Growing awareness, but legal frameworks are less developed than in the UK.
For UK employers with global workforces, understanding these developments helps build consistent policies across jurisdictions.
Practical Steps for Compliance
To meet legal duties and reduce the risk of claims, employers should:
- Develop a Menopause Policy
- Set out the organisation’s approach
- Explain the support available
- Provide guidance for employees and managers
- Carry Out Risk Assessments
- Consider workplace conditions that may worsen symptoms
- Ensure safe and supportive environments
- Document Adjustments
- Keep clear records of conversations and agreed changes
- Review adjustments regularly
- Train Line Managers
- Provide training on menopause, legal responsibilities, and how to handle sensitive conversations
- Promote Awareness
- Normalise conversations about menopause
- Mark World Menopause Day (18 October) with workplace activities
Conclusion
Menopause in the workplace is both a legal and a cultural issue. Under the Equality Act 2010 and other UK legislation, employers have clear responsibilities to protect staff from discrimination, make reasonable adjustments, and ensure a safe and supportive environment.
Ignoring menopause is no longer an option. With tribunal cases on the rise, organisations that fail to act face legal, financial, and reputational risks. But by taking proactive steps — from developing policies to training managers — employers can not only stay compliant, but also foster a healthier, more inclusive, and more productive workplace.
👉 To learn how our Menopause Awareness Training can help your organisation meet its legal duties and support staff effectively, Contact Us Today.
References
CIPD – Menopause in the Workplace Report 2023
