This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
In‑depth guide to menopause‑related discrimination at work in England and Wales. Explains how menopause symptoms may lead to unlawful sex, age or disability discrimination under the Equality Act 2010, employer duties, reasonable adjustments, tribunal claims and practical steps for employees and employers.
Menopause and perimenopause are natural biological stages that many people experience, typically between their 40s and 60s. In the workplace, symptoms such as hot flushes, fatigue, memory issues and mood changes can affect day‑to‑day performance and wellbeing. While the Equality Act 2010 does not list “menopause” as a specific protected characteristic, employees may be protected against discrimination in relation to their menopause or its symptoms by law. This article explains how menopause‑related discrimination can arise, the legal protections available, employer duties including reasonable adjustments, how claims are brought, and key questions employees and employers should consider.
Legal Framework: Equality Act 2010 and Protected Characteristics
The Equality Act 2010 prohibits discrimination, harassment and victimisation linked to protected characteristics such as sex, age and disability. Menopause itself is not expressly listed as a protected characteristic. However, if someone is treated unfairly because of their menopause symptoms and that treatment relates to sex, age or a disability, this could fall within the scope of the Act. Disadvantage connected to menopause symptoms may also engage the employer's duty to make reasonable adjustments where the symptoms amount to a disability. Protections apply to employees and workers alike.
United Kingdom guidance emphasises that if an employee is put at a disadvantage or treated less favourably because of menopause symptoms, and this ties back to a protected characteristic such as sex (because menopause mainly affects women), age or disability, it may constitute discrimination.
How Menopause Can Relate to Discrimination Law
Sex Discrimination
Since menopause predominantly affects people born with female biology, unfavourable treatment because of menopause or associated symptoms may amount to sex discrimination. This includes situations where an employer treats menopausal symptoms less seriously than health conditions experienced by male colleagues, or excludes employees from opportunities because of perceived menopause‑related effects.
Age Discrimination
Most people experience menopause in middle age (often between about 45 and 55). If an employee is treated less favourably because of their age - for example, assumptions about performance or capability linked to age and menopause - this could be age discrimination under the Equality Act.
Disability Discrimination
Menopause symptoms can amount to a disability if they have a substantial and long‑term adverse effect on a person's ability to carry out normal day‑to‑day activities. Menopause symptoms such as fatigue, brain fog or anxiety could meet this definition if they are sufficiently severe and persistent. Where the law considers the menopause a disability, employers must make reasonable adjustments to prevent disadvantage at work.
What Constitutes Menopause‑Related Discrimination
Discrimination connected to menopause can take many forms, including:
- Unfavourable treatment in performance reviews, promotion decisions or disciplinary actions because of menopausal symptoms or related assumptions.
- Harassment such as unwanted comments, jokes, or banter about menopause symptoms that create a hostile work environment. Such conduct may qualify as sex or age‑related harassment.
- Indirect discrimination where a workplace policy (e.g., rigid attendance or uniform requirements) disproportionately disadvantages those experiencing menopause symptoms and is not objectively justified.
- Failure to make reasonable adjustments for disability‑level symptoms - for example, refusing flexible working or failing to accommodate absence related to severe symptoms.
Equity and Acas guidance emphasise that discriminatory behaviour related to menopause, even if unintentional, can breach legal protections and leave employers liable to tribunal claims.
Employer Duties: Reasonable Adjustments and Support
Reasonable Adjustments
Under the Equality Act, if menopause symptoms amount to a disability, an employer must make reasonable adjustments to mitigate disadvantages at work. Adjustments vary by individual but might include:
- Flexible working hours or hybrid arrangements;
- Additional rest breaks or changes to performance targets;
- Modifications to uniform or environmental controls (e.g., temperature adjustments);
- Recording menopause‑related absence separately from standard sickness absence.
These adjustments help ensure that employees with disability‑level symptoms are not placed at a substantial disadvantage compared with others.
Health and Safety Obligations
Employers also have duties under the Health and Safety at Work etc. Act 1974 to ensure health, safety and welfare at work. This includes considering risks associated with menopausal symptoms and ensuring that work practices do not exacerbate health problems.
Policies and Training
Developing a menopause policy or including menopause considerations within broader equality and wellbeing policies helps clarify expectations and support mechanisms. Training for managers on menopause impacts and legal obligations promotes fairer treatment and reduces the risk of unlawful discrimination or harassment.
Making a Claim: Employment Tribunal Procedures
Acas Early Conciliation
Before an employee can bring a discrimination claim to an Employment Tribunal, they usually must notify Acas and engage in Early Conciliation. This process offers an opportunity for settlement without formal litigation.
Time Limits for Claims
Most discrimination claims must be presented to a tribunal within three months less one day from the date of the discriminatory act. If discriminatory conduct occurs over a period of time (a series of events), the time limit may run from the last act, but strict adherence is crucial.
Available Remedies
If a tribunal upholds a claim, remedies may include:
- Compensation for injury to feelings and financial loss;
- Recommendations that the employer change practices;
- Reinstatement or other employment‑related orders in limited circumstances.
Recent trends show a sharp rise in tribunal cases referencing menopause, reflecting heightened awareness and reporting of workplace discrimination linked to menopause and its effects. Statistics indicate that cases citing menopause have more than tripled over a recent two‑year period, with disability discrimination claims particularly prominent.
Practical Guidance for Employees
Engage in Dialogue and Request Support
Employees experiencing menopause symptoms affecting their work should consider raising the issue with line managers or HR, ideally in writing. Describing how symptoms affect work and suggesting supportive measures helps frame the discussion constructively.
Seek Medical Evidence
Where symptoms are severe, obtaining medical evidence can support a request for reasonable adjustments or a disability‑related claim. This evidence can clarify whether symptoms meet the legal definition of disability.
Follow Internal Procedures
Using internal grievance procedures to raise concerns about unfavourable treatment or harassment gives employers a chance to address issues before escalating to tribunal claims. Documenting these interactions can be important for later legal processes.
Practical Guidance for Employers
Review Policies and Practices
Employers should audit workplace policies to ensure they do not inadvertently discriminate against employees experiencing menopause. This includes flexible working practices, uniform requirements, performance management procedures and absence recording systems.
Implement Training and Awareness
Training line managers on menopause, its impacts, and legal obligations (including reasonable adjustments) helps embed understanding and fosters supportive workplaces.
Individualised Support
Because menopause affects individuals differently, one‑size‑fits‑all solutions are rarely effective. Employers should engage in meaningful discussions and tailor adjustments to the needs of each employee where reasonable and practicable.
Common Questions
Is menopause explicitly protected under UK law?
No. Menopause itself is not a specific protected characteristic under the Equality Act 2010, but discrimination related to menopause symptoms can be unlawful if linked to protected characteristics such as sex, age or disability.
Can menopause symptoms be a disability?
Yes. If symptoms have a substantial and long‑term adverse effect on a person's ability to carry out normal daily activities, they may meet the legal definition of a disability, activating the duty to make reasonable adjustments.
What adjustments might employers consider?
Adjustments can include flexible working, changes to uniform or environment, amended duties or targets, and accommodating absence related to severe symptoms.
Key Takeaways
Menopause‑related discrimination at work arises when employees are treated unfavourably or disadvantaged because of symptoms that relate to protected characteristics such as sex, age or disability under the Equality Act 2010. Employers have legal duties to avoid discriminatory practices and to make reasonable adjustments where symptoms amount to a disability. The rise in tribunal claims referencing menopause highlights the growing recognition of this issue and the importance of clear policies, proactive support, training and constructive dialogue. Employees and employers alike benefit from understanding legal protections, procedures for raising concerns, and ways to foster inclusive workplaces.
