Understanding the Law: Menopause and the Workplace

Last week I spoke on Merkai Talent’s panel of fabulous folks discussing menopause in the workplace – a panel that was refreshingly not all women! I posted a shorter version of this on LinkedIn on Saturday in honour of World Menopause Day, but as it’s such an interesting topic, I thought I’d share it here too…

Without planning to, in responding to a question put to the panel, I shared that as my peri-menopause symptoms took hold (before I realised what was going on and reached for the HRT), there were a few months when I was drowning.  I wasn’t sleeping, my brain wouldn’t function, and I was almost certainly underperforming to such a degree that I probably should have put myself on a Performance Improvement Plan – many employers would have done so!  In that moment, looking at a sea of nodding faces, the reality of how many women that must happen to hit home.  Had I been one of those women, feeling lousy and overwhelmed and then being told I was going from stand out performance to facing the humiliation of a Performance Improvement Plan and potential dismissal, what would I have done?  I would have thrown in the towel and walked away. Almost certainly, I very nearly did anyway without the “push” of a performance plan.

It took a friend’s flippant “you need to up your HRT” for the menopause penny to drop!

The Menopause Conversation

Awareness of the impact of menopause in the workplace has grown significantly in recent years.  12 years ago when the organisation Henpicked (also on the Meraki panel) hardly anyone was talking about it. I’m not even sure it was regarded as a taboo subject; it just wasn’t a subject at all.  Despite 51% of the population experiencing it, the conversation just didn’t exist.

Menopause is now being talked about more openly — in the media, on social platforms, and in workplaces. High-profile figures such as Davina McCall, Mariella Frostrup, and Meg Mathews have played a key role in bringing the topic into mainstream discussion. Books like Menopausing (Davina McCall & Dr Naomi Potter), Cracking the Menopause (Mariella Frostrup & Alice Smellie), and The New Hot (Meg Mathews) have helped to normalise conversations, shedding light on the real experiences of women navigating menopause and perimenopause.

This shift has informed conversations socially, at home and importantly in workplaces, encouraging  employers to examine how their policies, language, and workplace practices can better support employees during this stage of life.  With women over 50 being the fastest-growing segment of the UK workforce, menopause is not just a health or wellbeing issue; it’s a workplace, compliance and risk issue too.

As an employer, if you fail to properly consider and support women going through peri-menopause or menopause you will be contributing to the brain drain of experienced women who exit the workforce because of a struggle with the impact of menopause symptoms (normally but not always) at the point when they are also juggling the fun of teens, aging parents, and all of the other challenges that life tends to through at women around this time in life.  That and you risk grievances and employment claims on top of your talent gap.

Menopause and Perimenopause

Menopause is not an event, it’s process. The perimenopause — the transitional stage leading up to menopause — can last several years and is often when symptoms first appear (and are missed, even by those going through them – me included!). Symptoms can include varying degrees of fatigue (read bone crushing tiredness), brain fog (read crippling forgetfulness, an inability to find words, or  hold thoughts in your brain), anxiety, sleep disturbance, and hot flushes, among 30-40 others according to the NHS).   The joyful combination of exhaustion, brain fog and anxiety can feed into low self-esteem and make even those that have never truly struggled with imposter syndrome wonder what on earth they are doing trying to remain employed whilst juggling everything that life is throwing at them.

What the Legislation Says

There is currently no standalone legislation in England that specifically protects employees experiencing menopause or perimenopause.  As a lawyer I understand academically why that makes sense, as woman in the workplace I wonder how far meaningful change will go without it.  Hopefully the Employment Rights Bill requirement for employers with more than 250 employees to implement Equality Action Plans from 2027 (see below) will nudge that change along.

At present legal protection exists predominantly under the provisions of the Equality Act 2010 with impacted employees being able to bring sex or age discrimination claims.  In instances where symptoms are severe and long-lasting (bear in mind that symptoms can last years) menopause or perimenopause may amount to a disability, opening the door to claims for disability discrimination or claims for failure to make reasonable adjustments.  With those protections, and potentially others arising from an employer’s duty to ensure, as far as reasonably practicable, the health, safety, and welfare of employees, and the potential for constructive unfair dismissal claims on the fact of it is seems that employees going through menopause are fairly well protected.  But that’s not the reality – health and safety is probably a bit of a stretch in the majority of situations, as is constructive unfair dismissal save in the most egregious circumstances, leaving most women the more obvious options of sex discrimination or disability discrimination claims.  Should a woman really have to claim that she is disabled simply to be afforded appropriate protection during a naturally occurring life-cycle?  Or maybe it’s the word “disabled” that needs reconsidering?!

Case Law

Tribunal cases in recent years have underlined how seriously the law treats this issue.  In Kelly v Department for Work and Pensions (2022), the tribunal held that there is no reason why menopause symptoms should not constitute a disability under s.6 of the Equality Act 2010, provided the evidence shows a substantial and long-term adverse effect on normal day-to-day activities – and there are plenty of cases where disability discrimination has been found.  In Merchant v BT plc (2012), the Employment Tribunal found that dismissing an employee for poor performance without properly considering the impact of menopause or obtaining medical evidence was found to be sex discrimination and unfair dismissal.  So it’s very clear that employers need to tread carefully if they are to minimise the risk of successful claims.

Equality Action Plans

Under the Employment Rights Bill employers with 250 or more employees will be required to publish an Equality Action Plan which, as part of its content, must address how the employer is supporting employees who are going through the menopause.  Although details have yet to be published, and plans are not expected to be mandatory until 2027, it is likely they will need to set out the steps the employer is taking to promote equality of opportunity and in particular how it is identifying and responding to the workplace impacts of menopause (for example but provision of tailored support, workplace adjustments, awareness training).  Many employers of choice already have Menopause policies and support in place are likely to publish plans on a voluntary basis from 2026.

What should you be doing?

Whilst the legal framework provides protection, the most effective approach to retain talent and limit risk is proactive and preventative. In addition to starting to prepare for the implementation of Equality Action Plans, employers should:

• Implement a Menopause Policy: If you don’t have one already, set out your commitment to supporting employees and outline practical steps such as adjustments, time off for medical appointments, and manager guidance.  The implementation of a policy can be a great way to start dialog on the subject.
• Provide Training: Equip line managers to have confident, sensitive conversations and to recognise when support may be needed.
• Promote Open Dialogue: Encourage a culture where menopause and perimenopause are not taboo subjects.  Consider providing reading material such as books and information pamphlets that employees can refer to and use as a starting point for conversation.
• Review Workplace Adjustments: Consider factors like temperature, uniform, access to rest areas, and flexible working options.
• Empower colleagues to ask for support: Remind colleagues that there is support available (see implementing a policy and training) and that they should speak up to management, HR or wellbeing champions if you have them – or perhaps introduce a workplace menopause champion so that there is a dedicated avenue for conversations that colleagues may prefer not to have directly with line management.

Supporting employees through menopause and perimenopause is not just about legal compliance and risk management — it’s about retaining experienced talent, promoting inclusion, and enhancing wellbeing. Businesses that get this right send a powerful message about their values and culture.

At Magrath Sheldrick LLP, our Employment Law team advises employers on promoting inclusion, managing legal risk, and supporting employee wellbeing across every stage of working life.

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