Menopause and UK law for employers
The Employment Rights Act 2025
The Employment Rights Act 2025 requires private sector employers with 250 or more employees to develop and publish ‘equality action plans’ on an annual basis. These plans must set out the steps the employer is taking to address its gender pay gap and to support employees going through peri/menopause. Employers must select at least one action for each area, though the government encourages more ambitious commitments.
Voluntary reporting begins on 6 April 2026, with plans becoming mandatory from spring 2027. Employers not in scope are also encouraged to consider producing and publishing a plan. The government has published initial guidance and a list of 18 recommended actions to assist employers in preparing their plans.
The government’s guidance advises that menopause support should take into account the fact that employees from different backgrounds, or those with additional health conditions, may navigate symptoms and workplace adjustments differently. Where possible, employers should use workforce demographic data to help choose actions that will be most relevant for their organisation.
The Equality Act 2010
Under the Equality Act 2010 there are nine protected characteristics which it’s unlawful to discriminate against both in and outside of the workplace. These are:
• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion and belief
• sex
• sexual orientation
How do these link to characteristics linked to menopause in the workplace?
The average age an individual goes through the menopause is 51 although perimenopausal symptoms can be experienced up to 10 years prior to the menopause itself as well as potentially post-menopause.
While some will experience the menopause transition earlier, it is generally considered a life event linked to the protected characteristic of age. With many reaching senior career roles at this stage, and with women aged 50 to 64 becoming an increasing sector of workplace demographics, having a sound understanding of how the menopause could affect your workforce is key and will ensure you are best placed to provide appropriate support when needed. The menopause is also linked to the protected characteristic of sex. Following the Supreme Court’s ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, “sex” in the Equality Act 2010 refers to biological sex — that is, the sex recorded at birth. It is important to remember that anyone who is biologically female may be impacted by the menopause transition and that their experience will also be influenced by other factors.
It is therefore important not to overlook this demographic when offering appropriate support and adjustments.
Unfortunately for 25% of individuals the impact of menopausal symptoms can be severe and debilitating. We’ll look at what is considered a disability for the purposes of the Equality Act shortly, there are employment tribunal decisions where individuals in this situation have been classed as disabled, another protected characteristic.
Individual experiences may also vary depending on ethnicity and socio-economic class (which can impact access to healthcare).
How can discrimination arise?
Claims can arise even without any actual intent to discriminate. The lack of intent is no excuse. Discrimination can also happen in a variety of different ways.
One of the most common forms of discrimination is direct discrimination. This is where someone openly treats another less favourably because of a protected characteristic. An example would be not selecting an individual for a particular role or promotion because they are going through or perhaps even just perceived to be going through the menopause transition.
Businesses also need to take care when introducing or enforcing policies and practices to ensure they do not inadvertently have the potential to discriminate against a particular group that has one or more protected characteristic. If that policy or practice has such a potential and an individual within that group does then suffer a disadvantage, they may have a claim for indirect discrimination. For example, uniform and rest-room policies may disadvantage individuals suffering from symptoms such as hot flushes or flooding (heavy bleeding).
We then have harassment, which includes what is often referred to as ‘harmless’ banter. If that banter is linked to a protected characteristic and has the purpose or effect (again, not necessarily the intention) of creating a hostile or degrading work environment, then this could lead to potential claims.
In the case of A vs Bon Marché, it was alleged that the manager, on learning an employee was going through the menopause transition, started referring to her as a dinosaur in front of younger members of staff.
It’s also important to appreciate that if an individual complains about discriminatory treatment, whether aimed at them or someone else, or even brings or supports a tribunal claim for discrimination and they are then subjected to poor treatment as a result, that can also be discrimination and that’s known as victimisation.
What amounts to a disability for the purposes of the Equality Act and discrimination claims?
Disability is defined under the Equality Act as any physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities.
For the purposes of this definition substantial simply means more than minor or trivial so it’s not actually a high bar to overcome. If an individual is impacted by more than one symptom of the menopause transition, then it’s the combined impact that’s important. Look at the overall effects and not the impact of each symptom in isolation.
It’s also important to note that when a tribunal considers if someone is disabled, they can ignore the effects of medication (eg HRT). The fact that medication might help lessen the impact of those symptoms experienced does not necessarily mean an individual who was disabled ceases to be so.
For a disability to be long-term, the impact either needs to have lasted at least twelve months or be likely to last at least twelve months. While some individuals may experience little to no or only short-term minor symptoms, that will not be the case for many individuals. Given the potential length of time that perimenopause can happen before menopause itself, it’s not difficult to see how many individuals could satisfy the test of being disabled in this respect.
Approximately 25% of individuals will experience severe symptoms and it will potentially render them ‘disabled’ for the purposes of discrimination claims.
On occasion underlying health conditions may also exacerbate symptoms. Those conditions may also amount to a disability.
Reasonable adjustments
Where an individual is disabled, employers also need to be aware of the obligation to make reasonable adjustments. A failure to comply with this obligation can also amount to discrimination and give rise to claims.
When does this duty arise? It arises where an employer knows, or ought reasonably to know, that a member of their workforce is disabled and where the disability they are suffering from is likely to place them at a substantial disadvantage compared to their non-disabled colleagues.
As an employer you do not, and in many instances should not, wait for the individual to request these adjustments. The duty to put them in place arises automatically.
You cannot just turn a blind eye or ignore matters if the individual has not approached you for support. Instead, if it’s apparent to you that there may be some issues here, take the opportunity to ask open general questions in a supportive and sensitive way. Even if the individual is not ready to fully discuss matters with you, ensure you put in place regular catch-ups and consider with the individual any potential support that could be offered based on what they are willing to share with you at that point in time.
There are a number of simple and low-cost adjustments that could be considered. For example:
• having flexibility around start times and workloads for an individual where the menopause transition is impacting their sleep
• adjustments to working environments, for example for those suffering with hot flushes
Our line manager training includes a section on reasonable adjustments and how to have effective conversations.
Remember, individual experiences will vary and there will be no one-size-fits-all solution as the impacts of symptoms potentially fluctuate or change. Adjustments may likewise need to be reviewed and adapted so regular 1-1s are important.
An employer does not have to wait for someone in their workforce to become disabled for the purposes of the Equality Act before offering adjustments and support. Consider them as part of standard practice in conjunction with any well-being and inclusivity policies you already have in place or are looking to introduce.
The potential benefits of reasonable adjustments to the business itself should also not be overlooked. They can help reduce things like absenteeism, presenteeism, and can help you retain talent and gender diversity within your workforce.
Consider reasonable adjustments as part of any performance management process. For example, if you have an individual whose performance starts to dip and this is potentially linked to the menopause transition, some simple adjustments may be all that is needed to help alleviate those issues.
Also do bear in mind that even if an individual staff member concerned is able to secure appropriate and early medical advice, there may also then be a period of time before any treatments or lifestyle changes take effect. Be patient; in appropriate circumstances it will also be important, as part of this process (a performance management process), to potentially seek guidance from appropriate medical professionals or occupational health where needed.
Other legal obligations
In every employment contract there are certain implied duties, including, as examples only, a duty of mutual trust and confidence. This is a duty on you as an employer to treat your employees fairly, as well as a duty on you as employers to provide a safe and suitable working environment that can extend to things like providing an environment free from harassment.
A serious breach of these duties, including many acts of discrimination, can potentially entitle employees to resign and claim constructive dismissal. If those individuals resigning have the requisite qualifying service, then they may also have a claim for unfair dismissal. Important note: from 1 January 2027, the qualifying period for ordinary unfair dismissal claims is being reduced from two years to six months under the Employment Rights Act 2025. The statutory cap on the compensatory award for unfair dismissal will also be removed from the same date, meaning there will be no upper limit on what a tribunal can award.
If you as the employer are potentially looking to end an individual’s employment due to performance or disciplinary conduct concerns, then again, where an individual has the necessary qualifying service, unfair dismissal claims can arise. It’s important for you as an employer to have not only a fair reason to dismiss but also follow a fair process and it’s vitally important that early legal advice is taken in that respect.
Even where an individual does not yet have the qualifying service for an unfair dismissal claim, if there is a potential risk of discrimination claims, it’s still important for employers, if they’re considering dismissal, to still follow a fair process and ensure they have a fair reason to dismiss to protect themselves from discrimination claims. Even if individuals cannot bring unfair dismissal claims, if they can argue that the dismissal itself was discriminatory, this could still give rise to a potential claim for loss of earnings as well as other compensation.
This is particularly important if you, as an employer, are dealing with performance or even potential disciplinary issues linked to menopausal symptoms, the menopausal transition, and its impact on the individual concerned.
In the case of Marchant vs BT, Ms Marchant was found to have been unfairly dismissed following a performance management process. Her dip in performance was linked to the menopause transition and its impact on her and when it got to the stage where BT were considering her dismissal, she produced medical evidence from her doctor to confirm that she was going through the menopause transition and the impact it was having. Unfortunately the dismissing manager felt himself able to ignore that GP advice and instead based his decision on his own wife’s experience of the menopause and the HR manager’s experience of the menopause. His decision was therefore found to be unfair and she was awarded compensation.
In the case of Davies vs Scottish Courts and Tribunals Service, Miss Davies was found to have been unfairly dismissed. Following allegations of alleged gross misconduct, it was considered that the employer’s decision to dismiss was based on an unreasonable belief by them that her actions had been deliberate when in fact they were unintentional. They were linked to the fact that, for Miss Davies, as part of her menopause transition, she was unfortunately suffering from anxiety and brain fog. Her acts were not intentional at all and in fact her employer was ordered to re-employ her.
Employers also have obligations under the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees. This may also be engaged in certain instances, especially where the working conditions could exacerbate menopausal symptoms in such a way as to create a material risk to the health, safety, and welfare of an individual or cause them harm.
What are the risks to you as a business if things go wrong?
The number of claims citing menopause as a contributing factor is on the increase. For businesses, tribunal claims are not only distracting; they drain valuable management time and are costly in terms of the legal fees to oppose them and the potential compensation awards that you could face if the claim is successful.
It’s also important to note that for discrimination claims the individual bringing the claim can also include, as a respondent or defendant to the claim, the person that they’re accusing of discriminating against them. Not only could they sue the business as their employer, but they could also name the manager or colleague that they’re saying was actually discriminatory towards them. That individual may potentially be liable as well for any compensation awarded. There can also be reputational damage for the business. Most employment tribunal decisions, importantly those final decisions, are a matter of public record and they’re published online.
In the event you as a business are unfortunate enough to be on the receiving end of a tribunal claim, it is also important to be alive to the potential sums an employment tribunal could award or order you to pay.
For unfair dismissal claims the employment tribunal will make two main awards:
• The first award is a basic award and that’s calculated in the same way as a statutory redundancy payment and there is a redundancy calculator available on the government website.
• The second is the compensatory award, which is effectively an award for loss of earnings. That can be actual loss of earnings up until the date of the employment tribunal hearing itself and future loss of earnings if the individual is yet to find an alternative job or is in work but at a lower salary. The employment tribunal is going to have to form a view as to how long potentially it will take them to find an alternative role or a role at a comparable salary to what they were on when they were employed by the business.
Important: From 1 January 2027, the statutory cap on the compensatory award for unfair dismissal claims will be removed. Previously, there was an upper limit (currently the lower of £123,543 or 52 weeks’ gross pay for dismissals from 6 April 2026). Once the cap is removed, employers could face significantly higher awards, particularly in cases involving senior or high-earning employees.
It’s also important to note that the compensatory award can equally apply to discrimination claims as well as unfair dismissal claims. For discrimination claims, there are no caps on loss of earnings awards and this has always been the case. It tends to be those high-value discrimination claims that make the headlines, particularly where they’re brought by senior individuals within the business.
For discrimination claims an employment tribunal can also award for injury to feelings. The amount awarded will depend on the severity of the discrimination. For claims presented on or after 6 April 2026, the Vento bands (which set the range of injury to feelings awards) are: a lower band of £1,300 to £12,600; a middle band of £12,600 to £37,700; and an upper band of £37,700 to £62,900, with the most exceptional cases capable of exceeding the upper band.
Note on tribunal time limits: From October 2026, time limits for making most employment tribunal claims will increase from three months to six months. This gives claimants a longer window in which to bring claims.
How can you mitigate your risk as an employer?
It is important to create a workplace culture that encourages open discussions in the workplace regarding the menopause, as well as providing appropriate support and adjustments where needed, approaching such matters as sensitively as possible and with empathy. However, do continue to respect individual boundaries where those individuals do not want to or are not yet ready to discuss their experiences.
To help encourage an open culture, consider the benefits of implementing a menopause policy (or incorporating menopause provision into existing policies) and perhaps even appointing menopause advocates or champions. Workplace training can also assist with creating an open and inclusive culture and removing stigma.
Note that the menopause could affect wider elements of your workforce and not just women. Make sure any positive changes you introduce are inclusive on this front or you still leave yourself at risk of claims. Also consider the need for risk assessments, to ensure you are providing a safe and suitable working environment and your health and safety obligations are met.
If you are an employer with 250 or more employees, you should also begin preparing your equality action plan in line with the Employment Rights Act 2025. Even if not yet mandatory, publishing a plan on a voluntary basis from April 2026 will allow you to trial your approach and demonstrate your commitment to supporting your workforce. Smaller employers are also encouraged to consider producing a plan.
Our thanks to Louise Nunn at Lightfoots for her contribution to the original version of this article. None of the above is a substitute for obtaining your own legal advice. This document was last reviewed in April 2026.