Recognising Menopause as a Workplace Issue
National Menopause Day, 18 October, is a timely reminder that menopause is not just a health issue, but a workplace issue too. While menopause is a natural part of life for most women and others who menstruate, its symptoms can cause significant physical, emotional and mental challenges. When these symptoms intersect with professional responsibilities, the impact can be profound.
A 2019 CIPD study found that nearly 900,000 women in the UK left their jobs due to menopause-related symptoms. For organisations, this means a loss of talent, experience and leadership, with wider implications for diversity, the gender pay gap and business continuity.
Understanding Who is Affected
Although menopause is most commonly associated with women between the ages of 45 and 55, it can affect a much broader range of people. Transgender men, non-binary individuals, and those with variations in sex characteristics may also experience menopause symptoms.
Those experiencing menopause may already feel isolated, and feeling unseen at work only compounds the problem. Inclusivity means recognising that support should be available to everyone who needs it, regardless of gender identity or medical history.
Legal Protections and Employer Responsibilities
Menopause is not currently recognised as a standalone protected characteristic under the Equality Act 2010, but that does not mean it sits outside the law. Symptoms related to menopause may intersect with several existing protected characteristics, including age, sex, gender reassignment and disability. If an employee is treated less favourably because of these symptoms, and this treatment is linked to one of these characteristics, it may constitute unlawful discrimination.
Employees often have to ‘fit’ their experiences into legal categories that don’t fully capture the unique nature of menopause. For example, a person experiencing debilitating symptoms might have to argue that those symptoms amount to a disability, or that they were treated less favourably because of their age or sex. These claims can be difficult to prove, and many employees are put off by the uncertainty and the prospect of having to share sensitive medical information in a public legal forum.
This challenge is reflected in tribunal statistics, In 2021, only 23 employment tribunal cases referenced menopause, despite growing public awareness and widespread impact. It’s a sobering figure, particularly when considered alongside the number of women who leave the workforce for menopause-related reasons.
Even so, tribunals are beginning to recognise the significance of menopause in workplace claims. In one case, Merchant v BT, a woman experiencing concentration issues due to menopause was dismissed for poor performance. The tribunal found that her manager had failed to investigate properly or seek medical input, and ruled that she had been directly discriminated against on the grounds of sex. The decision acknowledged that the manager’s approach would not have been taken with other non-female related conditions, an important recognition of bias, even if unconscious.
Employers also have responsibilities under health and safety law. The Health and Safety at Work Act 1974 imposes a general duty to ensure, so far as reasonably practicable, the health, safety and welfare of employees. This includes addressing workplace factors that might worsen menopause symptoms, such as poor ventilation, lack of rest facilities, uncomfortable uniforms or long shifts without adequate breaks.
Despite this, many organisations are still unaware that menopause should be considered a health and safety issue at all. While there’s no specific HSE guidance on menopause yet, bodies such as ACAS and the TUC provide useful recommendations on how workplaces can identify and reduce menopause-related risks.
Creating a Supportive and Inclusive Culture
One of the most meaningful things employers can do is create a culture where menopause is not a taboo subject. Some worry that talking about menopause will jeopardise opportunities for promotion, or that colleagues won’t take their symptoms seriously.
When employees feel safe enough to speak up, employers are better placed to provide the right support, retain valuable staff, and create a healthier and more inclusive environment for everyone.
Practical Adjustments and Flexibility
When menopause symptoms are affecting someone’s ability to work, employers should be ready to discuss and offer adjustments where possible. There is no one size fits all solution; symptoms and their severity vary widely. What matters is that any support offered is personalised, proportionate and delivered with understanding.
Where symptoms are severe and long-term, they may meet the legal definition of a disability. In these situations, the Equality Act places a legal duty on employers to make reasonable adjustments that will prevent disadvantage. Failing to do so may amount to discrimination.
It’s also important to consider how absence is managed. Treating menopause-related absence in the same way as general sickness can have unintended consequences, particularly if absence triggers are linked to performance reviews or disciplinary action. Separating this absence from other absences, or at least recording it differently, can make a big difference to how supported an employee feels.
The Role of Policies and Training
Having a clear, supportive menopause policy signals to staff that this is something the organisation takes seriously. It provides guidance to managers, helps affected employees understand what support is available, and sets expectations for how menopause will be handled in the workplace.
A good policy also encourages early, open conversations and makes clear that these discussions will be treated with respect and confidentiality. Beyond the policy itself, organisations should review their wider approach, from wellbeing and absence management to flexible working and diversity and inclusion to ensure that menopause is properly considered.
Normalising the Conversation
Awareness is the first step to breaking the stigma. Employers are encouraged to hold educational sessions, share stories and resources, and ensure that all staff, not just those experiencing menopause, understand its potential impact, including men.
How We Can Help
At Berry Smith, we understand the importance of creating inclusive, respectful and legally compliant workplaces. Recognising the impact of menopause is not simply about complying with the law, it’s about creating a culture where everyone feels valued, supported and able to thrive.
This National Menopause Day, we encourage all employers to consider what more they can do to support their staff and take meaningful steps towards a more open, understanding and inclusive working environment.
Please note the contents of this article do not constitute legal advice. If you require any further information or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.