Menopause in the Workplace

The Equality Act 2010 does not list menopause as a standalone protected characteristic, but menopausal workers are protected through three overlapping protections:

Sex discrimination: A menopausal worker who is treated less favourably than a male comparator in similar circumstances may bring a claim of direct sex discrimination. If an employer disciplines a female employee for a symptom of menopause — such as memory lapses, difficulty concentrating, or frequent toilet breaks — but would not discipline a male employee experiencing similar difficulties caused by a medical condition, this could amount to direct sex discrimination. The comparator does not need to be an actual person — a hypothetical male comparator can be used.

Age discrimination: Menopause primarily affects women between approximately 45 and 55. A workplace policy or practice that particularly disadvantages women in this age group — such as a rigid sickness absence policy that penalises employees for taking time off for menopause-related symptoms — may constitute indirect age discrimination unless it can be objectively justified by the employer.

Disability discrimination: Menopause can amount to a disability under Section 6 of the Equality Act 2010 where the symptoms have a substantial, adverse, and long-term effect on day-to-day activities. "Long-term" means the effect has lasted (or is likely to last) at least 12 months. Symptoms such as severe fatigue, cognitive difficulties, anxiety, depression, or musculoskeletal problems that significantly affect the ability to work can meet this threshold. Where menopause is a disability, the employer must not discriminate and must make reasonable adjustments to remove disadvantages caused by the condition.

Where menopause symptoms amount to a disability, the employer's duty to make reasonable adjustments under Section 20 of the Equality Act 2010 is triggered. The duty requires employers to take reasonable steps to remove or reduce the disadvantage caused by the condition. What is "reasonable" depends on factors including the size and resources of the employer, the effectiveness of the adjustment, and the disruption it would cause.

Reasonable adjustments that are commonly appropriate for menopausal symptoms include:

• Temperature and ventilation: Providing a fan or desk fan, ensuring access to temperature control in the workspace, allowing windows to be opened, or moving a desk away from a heat source
• Flexible working hours: Adjusting start and finish times to accommodate disrupted sleep; allowing later starts on days when fatigue is severe; permitting home working on bad symptom days
• Rest facilities: Providing a quiet room for rest breaks; allowing more frequent or longer breaks
• Uniform and dress code: Allowing looser or more breathable clothing; permitting layers to be removed; providing a choice of fabric
• Toilet access: Ensuring easy access to toilet facilities; allowing frequent breaks without formal permission being required
• Absence management: Discounting menopause-related absences from Bradford factor or absence trigger systems where the condition is a disability
• Workplace support: Access to an occupational health referral; menopause champion or support network within the workplace

The duty to make adjustments is proactive — employers should consider what adjustments may be needed without waiting to be asked. If an employer is aware (or should be aware) that an employee's difficulties at work may be related to menopause or a related health condition, they should proactively explore adjustments rather than relying on formal disciplinary or absence management processes.

Employment tribunal decisions in menopause-related cases have helped establish practical guidance for employers and workers. While tribunal decisions are not legally binding as precedent, they illustrate how judges approach these claims.

In Merchant v BT Plc (ET/1600294/2012), one of the earliest reported menopause cases, the claimant was dismissed after her performance deteriorated. Her manager failed to take into account that her difficulties were caused by menopausal symptoms, and treated her differently from a male colleague with a different medical condition. The tribunal found direct sex discrimination. The case drew attention to the need for employers to treat menopause symptoms with the same seriousness as other medical conditions.

In Donnachie v Telent Technology Services Ltd (ET/1300005/2020), the claimant experienced severe menopausal symptoms including anxiety, depression, and cognitive difficulties. Her employer failed to make reasonable adjustments and dismissed her. The tribunal found that she had been discriminated against on grounds of disability and her dismissal was unfair.

More broadly, tribunals have found in menopausal workers' favour where:

• Employers failed to refer employees to occupational health when symptoms were evident
• Managers made dismissive or humiliating comments about menopause
• Sickness absence policies were applied without account being taken of menopause as an underlying medical cause
• Disciplinary processes were initiated for conduct that was a symptom of menopause (e.g., memory lapses, lateness due to disrupted sleep)

The EHRC (Equality and Human Rights Commission) has published technical guidance on menopause and the Equality Act, and Acas has issued specific guidance for employers on supporting menopausal workers.

An increasing number of employers have introduced standalone menopause policies setting out the support available to menopausal workers and the responsibilities of managers. While there is no legal requirement to have such a policy, its absence makes it harder for employers to defend discrimination claims — it suggests that the employer has not taken the issue seriously.

A good menopause workplace policy typically includes:

• A statement of commitment to supporting menopausal workers
• An explanation of how the Equality Act protects menopausal workers
• Practical guidance on the adjustments available and how to request them
• Details of who the employee can speak to confidentially (HR, a menopause champion, occupational health)
• Guidance for managers on how to have sensitive conversations and what to do when an employee raises menopause as a concern
• Confirmation that menopause-related absences will be treated sensitively and separately from normal absence management triggers in appropriate circumstances

From an employee's perspective, if your employer does not have a policy or is not supporting you adequately, you should:

1. Request a private meeting with your manager or HR to explain how your symptoms are affecting your work
2. Ask for a referral to occupational health
3. Put requests for adjustments in writing, specifying the symptoms and the adjustments you think would help
4. Keep a record of your symptoms and how they affect your work, and any communications with your employer about your condition
5. If informal approaches fail, raise a formal grievance under your employer's grievance procedure