Menopause at work: What are an employer's responsibilities?
Employers have several responsibilities when menopause affects someone at work. Menopause is not a protected characteristic in its own right, but the way an employer responds to menopausal symptoms can engage the Equality Act 2010, health and safety law and, for larger employers, the new menopause action-plan framework introduced by the Employment Rights Act 2025.
The practical responsibility go beyond avoiding discrimination. Employers should provide a route for employees to raise concerns, consider individual support and reasonable adjustments where appropriate, manage sickness absence and performance fairly, and make sure line managers understand how to respond.
With more official guidance now available to employers and voluntary menopause action plans becoming the expected norm for large organisations (subject to secondary legislation), it's essential for employers to take a proactive approach to women’s health. This guide explains what employers should be doing right now to make sure the needs of their staff are taken care of - and how to make sure they stay ahead of the curve in terms of creating a menopause-friendly work environment.
At a glance: What are an employer's responsibilities for menopause at work?
Menopause is not a protected characteristic in its own right. However, employers are still subject to important legal expectations when an employee is experiencing menopause.
Employers should:
- Apply the Equality Act 2010 correctly. Menopause-related treatment can amount to discrimination where it is connected with disability, age, sex or gender reassignment.
- Consider whether menopausal symptoms amount to a disability. If they do, the employee may have protection from disability discrimination and the employer may need to make reasonable adjustments.
- Avoid discriminatory treatment and harassment. Decisions, comments and workplace practices can create legal risk where a protected characteristic is engaged.
- Meet health and safety duties. Employers should assess whether the workplace or ways of working create risks or exacerbate symptoms.
- Manage absence and performance fairly. Employers should consider whether symptoms or a disability-related absence are relevant before taking formal action.
- Make sure line managers understand their role. Managers should know when to involve HR, consider reasonable adjustments or seek occupational health input.
- Review relevant workplace policies. A menopause policy is not compulsory for every employer, but absence, flexible working, equality and health and safety procedures should allow menopause-related issues to be managed lawfully.
- Prepare for the developing action-plan regime. Employers with 250 or more employees can currently publish voluntary menopause action plans, which are expected to become mandatory from spring 2027, subject to secondary legislation.
These expectations apply whether or not an organisation has a dedicated menopause policy. What matters is how the employer responds in practice and whether its decisions comply with existing employment law.
Is menopause a protected characteristic under the Equality Act 2010?
In Great Britain, menopause is not a standalone protected characteristic under the Equality Act 2010. However, an employee or worker experiencing menopausal symptoms may still have legal protection where their treatment relates to another protected characteristic. The most relevant are age, disability, gender reassignment and sex.
The Equality and Human Rights Commission's guidance for employers was updated in June 2026 and provides practical guidance on employers' legal obligations towards workers experiencing menopausal symptoms. The current Acas guidance on menopause and discrimination also provides confirmation that employees and workers may bring an Employment Tribunal claim where treatment connected with menopause symptoms amounts to discrimination under one of these protected characteristics.
Employers should focus on the practical issue in front of them rather than waiting for an employee to identify a particular legal label. If someone explains that menopause-related symptoms are affecting their work, the safest and most constructive approach is to understand the impact, consider what support may help and keep the situation under review.
What is an employer's duty to make reasonable adjustments?
Where menopause-related symptoms amount to a disability (which an employer should seek independent legal advice on), an employer may have a legal duty to make reasonable adjustments.
The duty is designed to remove or reduce disadvantages experienced by a disabled employee. What is reasonable depends on the size and resources of the employer, the circumstances, including the particular disadvantage, the requirements of the role, whether a proposed change would be effective and the practicality of implementing it.
Reasonable adjustments might involve working arrangements, the workplace environment or how an employment procedure is applied. Employers should focus on the employee's specific needs rather than assuming that all menopausal women require the same reasonable adjustments.
Practical support can also be appropriate where the statutory duty does not apply. For examples, see our guide on how employers can support menopause at work.
How can menopause-related discrimination arise at work?
Menopause is not itself a protected characteristic under the Equality Act. However, treatment connected with menopause symptoms can still amount to unlawful discrimination where another protected characteristic is engaged.
The main areas employers should be aware of are:
- Disability discrimination: Menopausal symptoms may amount to a disability where they have a substantial and long-term effect on normal day-to-day activities. This can create duties around reasonable adjustments and protection from unfavourable treatment.
- Age discrimination: Employers should avoid assumptions about an employee’s capability, resilience or career plans because of their age or menopause.
- Sex discrimination: Less favourable treatment, disadvantageous workplace practices or unwanted conduct connected with menopause may give rise to sex discrimination or harassment claims.
- Gender reassignment discrimination: Employers should also make sure their approach does not disadvantage trans employees who experience menopause.
The legal position will depend on the individual circumstances, so employers should consider the relevant protected characteristics before making decisions about support, absence or performance.
What are an employer's responsibilities when menopause affects sickness absence or performance?
Employers can manage genuine sickness absence and performance concerns, but they should first establish whether menopausal symptoms are relevant and whether legal protections apply.
If the symptoms amount to a disability, changes to an absence or performance process may be needed. Acas gives one example: recording menopause-related absence separately from other sickness absence, as a reasonable adjustment that may be appropriate for an employee.
Employers should also avoid assumptions about capability based on age or sex. Line managers should know when to seek HR or occupational health advice before formal action is taken.
Where symptoms are affecting an employee's work, see our blog on what employers should do when an employee is struggling with menopause at work.
Where symptoms have resulted in time away from work, see how to manage menopause-related sickness absence.
Do employers need a menopause policy?
There is no general legal requirement for every employer to introduce a standalone menopause policy.
However, not having a specific policy does not remove an employer's wider responsibilities. Equality, absence, flexible working, health and safety and performance management procedures should allow menopause-related issues to be considered fairly.
A menopause policy can provide a clearer route for employees and managers by explaining available support, responsibilities and processes. The priority is that workplace policies work together and allow managers to make lawful, consistent decisions.
For detailed guidance on policy content, see our guide to what a menopause policy at work should include.
What changed under the Employment Rights Act 2025?
The Employment Rights Act 2025 introduced a new equality action-plan framework for larger employers.
Employers with 250 or more employees can currently create and publish a voluntary menopause action plan alongside their gender pay gap data. Government guidance states that menopause action plans are expected to become mandatory from spring 2027, subject to secondary legislation.
The action plans cover steps an organisation is taking to address its gender pay gap and support employees experiencing menopause. The government identifies six menopause-specific actions, including manager training, occupational health advice, reasonable adjustments, support groups and networks, risk assessments and policy reviews.
These action plans add to the existing legal framework. They do not replace employers' responsibilities under discrimination.
JMW explains the current framework in The Employment Rights Act 2025 - menopause action plans. For the practical process of preparing one, see how to create a menopause action plan.
Key takeaways for employers managing menopause in the workplace
Employers should take the following practical steps to meet their responsibilities and reduce legal risk:
- Train line managers on the legal position. Managers should understand that menopause is not itself a protected characteristic, but that disability, age, sex and gender reassignment protections can apply.
- Respond when symptoms are raised. Establish how the menopause symptoms are affecting work and whether any legal duties are engaged.
- Consider disability early. Where menopausal symptoms may have a substantial and long-term effect, consider whether disability protections apply and whether reasonable adjustments are needed.
- Review absence and performance decisions before taking formal action. Check whether symptoms, discrimination risks or changes to the process are relevant before applying triggers or progressing a capability process.
- Keep workplace risk assessments current. Consider whether working conditions could worsen symptoms and whether practical changes are required.
- Check workplace policies work together. Absence, flexible working, equality, health and safety and performance procedures should support consistent decision-making.
- Provide a clear route to support. Employees should know who they can speak to, while managers should know when HR or occupational health input is appropriate.
- Prepare for action-plan requirements if you employ 250 or more people. Use the current voluntary period to understand issues within the organisation and prepare for the expected mandatory regime from spring 2027.
These steps provide a clear legal foundation for managing workplace menopause issues while allowing employers to respond to each employee's circumstances.
How JMW helps employers
JMW's employment team advises businesses on the legal issues that arise when menopause affects an employee. We advise on protected characteristics, disability discrimination, adjustments, absence, performance management and individual employment issues.
We also advise on menopause policies, flexible working, manager training, occupational health recommendations and equality action plans. Where a dispute has arisen, we help employers assess their position and decide on the appropriate response.
Our Menopause Hub brings together further guidance on the menopause transition, workplace support, policies, action plans and related employment issues.
For advice on workplace menopause issues or another employment law matter affecting your organisation, contact JMW's employment team on 0345 872 6666 or complete our online enquiry form.
