New guidance from the Equality and Human Rights Commission (EHRC) makes clear that menopausal symptoms can in some cases meet the legal test for disability, requiring employers to consider reasonable adjustments and avoid discriminatory treatment.
The guidance tightens the legal backdrop to existing inclusion work and raises the prospect of tribunal claims where long term symptoms are not properly handled.
The commission notes that symptoms such as hot flushes, disrupted sleep, persistent fatigue and cognitive difficulties can have a substantial and long term adverse effect on a person’s ability to carry out normal day-to-day activities. When those effects are long lasting, the law may treat them as a disability, with the same protections and adjustment duties that apply to other health conditions.
The change follows mounting evidence that many women experience serious workplace disruption during the perimenopause and menopause. Research by the Chartered Institute of Personnel and Development found that a large majority of women aged 40 to 60 report menopausal symptoms, and that two thirds of those affected said symptoms had a mostly negative impact on their working lives. Many respondents reported reduced concentration, greater absence and in some cases decisions to leave employment.
When Menopause Meets the Equality Act
Under the Equality Act 2010 employers must not discriminate on the grounds of sex, age or disability. The EHRC guidance clarifies how the disability duty applies where menopausal symptoms are long term and substantial. That means organisations should already be able to justify why they do not make adjustments when a worker’s symptoms meet the threshold, rather than defaulting to disciplinary or capability processes.
The CIPD data indicate that menopausal issues affect recruitment retention and progression. In surveys, a notable share of women reported that symptoms harmed career prospects or led them to consider leaving work. Loss of experienced staff has a direct impact on teams, succession planning and organisational knowledge. The sectors where women are concentrated, such as education health and social care, risk particular disruption if employers fail to act.
Reasonable adjustments will vary by role and workplace, experts say. Practical options include flexible working patterns, temporary changes to duties, scheduled rest breaks, provision of fans or temperature control, access to private facilities and review of uniform requirements. Where concentration or memory are affected, managers are advised to consider temporary changes to workload or deadlines and avoid treating short term performance dips as misconduct without first assessing underlying health issues.
Employers should also, say observers, examine absence management and performance policies to ensure menopause is not misrecorded or penalised. Recording systems can be designed to allow confidential coding so absence linked to menopausal health is distinguished from other causes where appropriate, and managers should be trained to hold sensitive conversations without breaching privacy.
Manager Training and Cultural Change
Many women report reluctance to disclose symptoms because of stigma or fear of being perceived as less capable, surveys show. Training for line managers should therefore focus on listening skills, maintaining confidentiality and practical signposting to occupational health or employee assistance services.
Organisations should aim to normalise conversations about menopausal health within broader wellbeing programmes, and ensure senior leaders reinforce that seeking help will not harm career prospects. Case histories from employers that have formalised menopause policies show that simple adjustments often prevent absence and retain talent.
HR teams are advised to start by auditing current policies and practice. A basic checklist includes reviewing flexible work policies, checking occupational health referral routes, updating absence and performance templates and creating guidance for managers on reasonable adjustments. Communications should be crafted to make it clear where employees can seek confidential support and how requests for adjustments will be handled.
The Business Case for Action
Providing adjustments avoids tribunal risk and reduces the likelihood of losing experienced staff, observers advise. It also supports diversity at senior levels and protects operational continuity. For many organisations cost of small changes will be far lower than turnover or long term absence.
Menopause will affect most working women at some stage of their careers. Treating it as a workplace matter rather than a private medical issue is now part of doing employment law correctly and managing talent responsibly.
