Awareness of menopause in the workplace has increased significantly, yet many UK employers remain uncertain about their legal obligations. Recent data suggests that a substantial number of women experiencing menopause or perimenopause consider reducing hours, stepping back from senior roles or leaving employment altogether because of symptoms.

For employers, this is not solely a wellbeing or inclusion issue. It is increasingly a legal and operational risk affecting retention, performance management and workplace culture. Organisations that fail to respond appropriately may face discrimination claims, grievances and reputational damage.

The Legal Position for Employers

Menopause is not itself a protected characteristic under the Equality Act 2010. However, its effects can give rise to legal protection in several ways. In some cases, menopausal symptoms may amount to a disability if they have a substantial and long-term adverse effect on day-to-day activities. Where this threshold is met, employers have a duty to consider reasonable adjustments and avoid unfavourable treatment arising from disability.

Employers must also be mindful of potential sex discrimination where workplace practices disproportionately disadvantage women experiencing menopausal symptoms. In certain circumstances, age discrimination may arise, particularly where assumptions are made about capability or performance linked to age.

Tribunals are increasingly willing to examine whether absence procedures, performance management processes and promotion decisions have been applied fairly where menopause is a factor. A failure to take medical or health-related issues into account can contribute to findings of discrimination or unfair dismissal.

Workplace Impact and Risk

From a practical perspective, menopause can affect attendance, concentration, confidence and energy levels. Without appropriate support, these issues may lead to misunderstandings, capability concerns or formal processes that could have been avoided through early dialogue and supportive workplace practices.

Many employees still feel uncomfortable raising menopause-related issues at work, particularly in environments where there is limited awareness or no clear policy framework. This can result in grievances, disengagement and the loss of experienced and senior staff.

For employers, the risk is not only legal. It also affects retention, productivity and succession planning.

Practical Steps for Employers and HR Teams

Develop a clear policy framework: A workplace menopause policy helps set expectations, provides guidance to managers and signals organisational commitment. Policies should be practical, accessible and aligned with existing absence, wellbeing and equality procedures.

Train managers and HR teams: Line managers play a key role in identifying issues early and responding appropriately. Training should focus on having sensitive conversations, maintaining confidentiality and recognising when adjustments may be required.

Consider reasonable adjustments: Adjustments will vary depending on the individual, but may include flexible working arrangements, temporary changes to workload, rest breaks, access to suitable workspace conditions or support during periods of treatment.

Review performance and absence management processes: Rigid application of performance or attendance procedures without considering underlying health issues can create legal risk. Employers should ensure that policies allow for discretion and individual assessment where menopause-related symptoms may be relevant.

Promote open communication: A culture that encourages respectful and confidential discussion helps resolve concerns early and reduces the likelihood of disputes. Employees are more likely to remain engaged and productive where they feel supported.

Taking a Proactive Approach

Early legal advice can help employers navigate complex situations, particularly where capability, absence or disciplinary issues arise alongside health concerns. Proactive steps such as policy development, manager training and case-by-case advice can significantly reduce the risk of escalation to formal grievances or tribunal claims.

As employment tribunals continue to examine cases involving menopause and workplace treatment, employers should ensure their policies and practices are legally robust and applied consistently.

ABOUT THE AUTHOR:

The Legal Practice Solicitor's employment law team advises employers on policy development, reasonable adjustments, performance management and dispute resolution. They work with organisations to manage legal risk while supporting staff effectively and maintaining operational continuity. Contact Angalee Pandya, Head of Employment Law

📧 apandya@thelegalpractice.co.uk
📞 020 8903 7017
📞 07880 927149
🌐 www.thelegalpractice.co.uk