Are You Supporting Women Going Through The Menopause?
What could be the signs they are struggling?
- Increased sickness absence
- Dip in their performance and grappling deadlines
- Constant tiredness/ fatigue
- Irritability/ mood changes/ anxiety/ stressed
Why don’t they ask for help?
- Still nervous about sharing personal information and how they are suffering due to possible implications on their employment, or not aware that this is the reason they are feeling/ suffering as they are
- Not feeling confident asking for what they need and/ or upon asking companies they either do not take any action at all or it is very limited
- Lack of a plan or policy in the company covering the menopause, and/ or support in place such as information, occupation health services or even the culture to raise
- Not all women experience the same challenges, even experiences of the perimenopause and menopause can be very different, and the way a woman feels and her needs can vary over the years, even weeks and days.
Without a flexible, open and understanding approach working (and their home) life can be very challenging for some, to the point they feel they have to exit the workplace or worse still are dismissed adding to the deterioration of their mental health.
What are the legal protections in place?
While menopause itself is not a protected characteristic under the Equality Act 2010, employees may be protected under related characteristics. There are several areas where legal protection could apply;
- Equality Act 2010, such as protection from discrimination- it is unlawful to treat women unfairly based on their sex, age or if they have a disability (would need to meet the legal test), including during recruitment, promotion and pay. There is also protection around sexual harassment, an example being ‘banter’- employers have a duty to prevent sexual harassment and create a safe working environment for women.
- Health and Safety at Work Act 1974, which says an employer must, where reasonably practical, ensure everyone's health, safety and welfare at work. This includes managing workplace conditions that may exacerbate symptoms, through suitable and sufficient risk assessment and proportionate controls and adjustments.
- Flexible Working Regulations, with regards to where requests have been or are to be made to work flexibly i.e. the number of hours they work, when they start or finish work, the days they work, and/ or where they work.
The Employment Rights Act of 2025 is the first UK legislation to explicitly address menopause and formally recognising it as a workplace issue, requiring employers with more than 250 staff to implement Menopause Action Plans and support employees experiencing the menopause. From April 2026 it is mandatory but in 2027 it will become legally required.
However?…… & take note to all companies irrespective of size
Where menopause (or related conditions) symptoms qualify as a disability, employers have a legal duty to make reasonable adjustments to remove or reduce workplace disadvantage. The adjustments duty is practical and case specific. It does not require employers to remove all performance standards or excuse poor performance indefinitely. Instead, employers should assess whether adjustments can mitigate disadvantage and enable the employee to perform their role to the required standard.
If any medical conditions or disabilities were disclosed by the employee at the start of their employment the employer has a duty to address these at that point.
Employers are, however, not required to agree to every adjustment requested. They can refuse if the adjustment is not reasonable in the circumstances, for example where it is not practical, affordable, or would significantly impact the service.
That is where statements like “the service cannot cope” often come from. The issue is whether that position is objectively justified and evidenced, not simply asserted.
Importantly, even where an employer refuses a specific adjustment, they are expected to:
- Explain their reasoning
- Engage with the employee
- Consider alternative adjustments that may be workable
If they do not do this, it can amount to a failure to make reasonable adjustments, which is a form of disability discrimination. In terms of recourse, employees still have several routes:
- Internal grievance
- Raising concerns through HR
- Ultimately, an employment tribunal claim for discrimination if reasonable adjustments have been unlawfully refused.
Are you first and most importantly being supportive and, secondly protected from a claim?
