In a recent survey by the CIPD of over 2,000 women, more than half reported that menopausal symptoms had a negative impact on their work. Many said these symptoms had left them unable to attend work at some point. This highlights a growing issue for employers: how to ensure staff experiencing menopause are supported fairly and lawfully in the workplace.

While there is no legislation dedicated solely to menopause, existing laws such as the Equality Act 2010 and the Health and Safety at Work Act 1974 apply. In February 2024, the Equality and Human Rights Commission (EHRC) issued new guidance urging employers to take menopause seriously, following concerns that many people were leaving work due to unmanaged symptoms.

This article explores what the law says, why a workplace Menopause Policy is valuable, and how employers can create an inclusive and supportive environment.

Why Employers Need to Take Menopause Seriously

Menopause is a natural stage of life, typically occurring between the ages of 45 and 55, although it can affect people earlier. Symptoms can include hot flushes, fatigue, anxiety, poor concentration, and sleep difficulties. For some, these are mild and manageable, but for others, they can be severe and disruptive.

The impact at work can be significant: reduced productivity, increased absences, and in some cases, talented staff leaving roles altogether. Beyond the personal cost to employees, there are clear business risks. Employers who fail to act may face legal claims, reputational damage, and higher staff turnover.

Legal Framework Covering Menopause at Work - Equality Act 2010

Although menopause is not listed as a protected characteristic, the Equality Act protects against discrimination linked to age, sex, and disability. Where symptoms have a substantial and long-term impact on daily activities, they may meet the legal definition of disability. Employers who fail to make reasonable adjustments in these circumstances could face claims of discrimination.

Health and Safety at Work Act 1974

This legislation requires employers to safeguard the health, safety, and welfare of their staff. Risk assessments should consider whether workplace conditions could make menopausal symptoms worse. For example, poor ventilation, lack of rest facilities, or unsuitable uniforms may create unnecessary difficulties. Employers must take steps to address these issues where possible.

Supporting Employees Through Reasonable Adjustments

Reasonable adjustments are not only a legal requirement in certain situations but also a practical way to help staff remain engaged and productive.

Examples include:

• Adjusting start and finish times to support flexible working.

• Providing access to temperature control, rest areas, and drinking water.

• Allowing more frequent breaks.

• Reducing or reshaping workloads during particularly challenging periods.

• Offering alternative uniforms where needed.

The best approach is to listen to the individual, discuss their needs, and agree on tailored adjustments that suit both them and the organisation.

The Role of a Workplace Menopause Policy

A Menopause Policy sets out how the business supports employees going through menopause. While not legally required, it demonstrates a clear commitment to fair treatment and helps prevent disputes.

A strong policy will cover:

• Awareness and education for staff.

• Procedures for requesting reasonable adjustments.

• Clear processes for managing menopause-related absence.

• Access to support, such as occupational health or counselling.

• Training for managers on how to handle discussions sensitively.

• Confidentiality requirements.

• Expectations for respectful conduct and behaviour.

Introducing a policy ensures consistency and gives both managers and employees confidence that issues will be handled appropriately.

Reviewing and Aligning Other Workplace Policies

A Menopause Policy should not exist in isolation. Other key policies may also need review to ensure consistency, such as:

• Sickness and Absence Policy: recording menopause-related absences separately from other illnesses.

• Flexible Working Policy: accommodating changes to hours or work patterns.

• Diversity and Inclusion Policy: ensuring menopause is recognised as part of broader workplace inclusion efforts.

Additional Measures Employers Can Take

Alongside a formal policy, employers can adopt practices that foster a supportive culture:

• Training and awareness sessions: educating staff and managers on menopause and its potential impact.

• Awareness events: participating in initiatives such as World Menopause Day.

• Sensitive handling of absences: ensuring menopause-related leave is recorded and managed fairly.

• Fair performance reviews: considering the impact of symptoms when assessing performance.

• Menopause Champions: appointing trained staff who can provide peer support and raise awareness.

Such measures send a clear message that the organisation recognises menopause as a workplace issue and is committed to supporting employees.

Risks of Ignoring Menopause in the Workplace

Failing to address menopause can expose employers to significant risks. With 204 cases recorded, representing a 319% increase since 2022, the number of employment tribunal claims citing menopause has tripled over the past three years.

One case in 2023 resulted in a £37,000 award after a woman faced dismissive and offensive treatment from colleagues and ultimately resigned from her role of 27 years. Beyond financial penalties, cases like this can damage an employer’s reputation and make recruitment and retention more difficult.

Taking proactive steps is not just about compliance, it is also about creating a culture where employees feel valued and supported.

Interested in Working Together?

Employers who recognise the impact of menopause and take steps to support their staff can reduce legal risk and improve workplace culture.

At Queensbury, our Employment Law team can help you:

• Draft or review a workplace Menopause Policy.

• Update existing HR policies to reflect current legal duties.

• Provide training for managers and HR teams.

• Advise and represent you in the event of menopause-related disputes.

To learn more, contact us directly to arrange a consultation.