Menopause at Work: How Employers Can Prepare for the 2027 Changes

Employers need to be aware of the potential discrimination claims which can arise should they not treat those experiencing menopause correctly.

The Equality Act 2010 protects workers from discrimination, harassment and victimisation based on protected characteristics, including age, sex and disability.

These protected characteristics can all be linked to menopause, which means that those experiencing menopause can bring discrimination claims relating to these protected characteristics if they encounter less favourable treatment or are not appropriately supported at work. Multiple protected characteristics can also apply to a single claim.

Recently, Employment Tribunals have accepted that menopausal symptoms can amount to a disability.

The statutory definition of disability in an employment context is whether the medical condition, which can be either a physical or mental impairment, has a substantial and adverse effect on someone's ability to carry out normal daily activities and whether it lasts or is expected to last, for at least 12 months.

This is determined on a case-by-case basis, and the Tribunal will discount the extent to which treatment (like medication) may help manage the condition.

Therefore, employees with menopausal symptoms that satisfy this definition are protected from disability discrimination (as well as potentially being protected from age and sex discrimination).

Under the Equality Act 2010, if an individual is deemed to have a disability as a result of their menopausal symptoms, they may bring the following claims for disability discrimination:

• Direct discrimination: This occurs when a person is treated less favourably than others directly because of their menopausal symptoms.
• Discrimination arising from disability: This refers to unfavourable treatment that results from something connected to the person's disability, rather than the disability itself. The 'something' could include, for example, sickness absence or reduced performance due to menopausal symptoms. Any steps taken to manage such disability-related absence or underperformance will be discriminatory unless the employer can justify them as legitimate.
• Indirect discrimination: occurs when an employer applies a policy to everyone but disadvantages disabled people disproportionately. This could include, for example, disciplining an employee for behaving irrationally at work when that behaviour is linked to menopause (unless the employer can justify it as legitimate).
• Failure to make reasonable adjustments: Employers are required to make reasonable changes to ensure disabled workers can do their jobs effectively. This could include flexible working hours, relaxed uniform policies, access to temperature-controlled environments, or additional breaks to support their comfort and well-being in the workplace while suffering from menopausal symptoms.
• Victimisation: This occurs when someone is treated unfairly because they have made a complaint of discrimination or supported someone else's claim.
• Harassment: This involves unwanted behaviour related to a person's disability that violates their dignity or creates an intimidating, hostile, or offensive environment.

These claims protect workers with disabilities, ensuring fair treatment and promoting workplace equality.

Compensation for discrimination claims is uncapped in the Employment Tribunals and covers injury to feelings and financial losses.

Consequently, if an employer is found to have discriminated against an employee, the compensation awarded could be substantial.

To prevent these risks, we have provided some ways in which you can support your employees through the menopause below: 

Adopt an open and supportive workplace 

The best way to provide support to your employees is by fostering an environment in which people feel open to discuss any problems and concerns, including, but not limited to the menopause.

Many employees feel that they cannot discuss their symptoms openly without judgement or consequence so normalising these conversations will support your employees immensely.

Ways you can do this include: 

• Providing training to all members of staff on what the menopause involves, the potential symptoms and how best to support colleagues who are suffering with menopause symptoms.
• Raising awareness through providing learning material and promoting internal information for all staff to consider.
• Encouraging all employees to start having discussions around this topic.
• Making clear that menopause related issues can be raised and will be considered sympathetically.

Provide training for managers and HR professionals

Managers and HR are most often the first people employees contact when wanting to discuss anything that is troubling them during the course of their employment, including the menopause.

When employees do wish to discuss menopause related concerns with their line manager or HR, it is important that they feel they can do so knowing that they are understood and will not be judged for bringing this up. 

Due to the sensitivity of this topic, it is important that managers and HR professionals are trained in advance to be able to offer support and understanding to your employees.

They should be ready to understand and discuss the different symptoms of the menopause and the adjustments that are available to support those suffering symptoms.

This will further promote open conversations and foster a more positive working environment for all. 

Implementation of a Menopause Policy 

A Menopause Policy can be very helpful in providing understanding, clarity and consistency across the workplace.

Detailing usual symptoms and examples of support and workplace adjustments that can be provided helps employees to feel more at ease, knowing that their employer and their colleagues around them understand the impact this can have and the support that is available.  

Preparing for the 2027 changes

There are also new legal obligations to be aware of. Under the Employment Rights Act 2025.

From Spring 2027, employers with 250 or more employees will be required to publish an action plan alongside their gender pay gap data. 

As part of this plan, employers will be required to select two actions, one of which must include details of how they intend to support employees experiencing the menopause. 

With these changes looming early next year, it is important to start considering implementing a Menopause Policy now and getting this ready in advance of the changes coming into force. 

Making workplace adjustments 

Employers have an important role to play in creating supportive, inclusive environments where employees can feel understood and listened to.

By understanding the challenges associated with menopause and implementing practical ways in which they can support their employees in managing menopause symptoms, organisations can help improve employee wellbeing, retention of staff, and productivity - which then also enhances the performance of your business.

In addition, under disability discrimination legislation, there is an obligation to make reasonable adjustments for employees who are classed as disabled as a result of serious menopause symptoms.

Therefore, the need to consider adjustments for employees suffering menopause symptoms can be a legal obligation as well as the right thing to do from an employee relations perspective.

Examples of adjustments that employers may want to consider include:

• Flexible working arrangements – e.g. home working, or flexible start and finish times. 
• Shift adjustments – offer temporary changes to shift patterns or reduce, or in some instances if appropriate, remove any night shifts. 
• Hold regular check-ins and train managers and HR professionals to handle these conversations supportively and sensitively. 
• Respond to any requests for support as soon as possible. 
• Temperature control – e.g. providing fans which can be a huge help to those experiencing hot flushes. 
• Rest breaks and facilities – e.g. quiet spaces in which employees can take breaks which will be beneficial to those experiencing disrupted sleep.