Menopause in the Workplace: What Employers Need to Know

Why Menopause Matters in Employment Law

Women make up a significant portion of the UK workforce, and with growing awareness around gender equality, menopause in the workplace has become a key issue. Banner Jones Solicitors is proud to have signed, and were an early adopter of, the Menopause Workplace Pledge - taking positive action to make sure everyone going through the menopause is supported.

In this article, Employment Law solicitor and Head of Employment Law at Banner Jones Solicitors, Katie Ash, shares expert insights on how employers can support staff experiencing menopause symptoms—and avoid legal pitfalls. She discusses menopause discrimination, workplace equality and how to avoid employment tribunal claims.

 

Understanding the Impact of Menopause on Employees

Menopause symptoms vary widely, but for many, it can be a stressful time with physical and emotional changes that affect work performance. According to the charity Wellbeing of Women, around 25% of women will have no menopause symptoms, 25% will have a horrific experience and 50% will have some symptoms at some time, so this topic has a huge impact in the workplace.

The charity also tells us that around 900,000 women have quit their job because of the menopause. “This is a truly eye-opening statistic, and it is hardly surprising that we have seen an increase in enquiries on this matter of late from both employers and employees” Katie says.

 

What Employers Should Do

 

1. Educate Yourself and Your Team

Employers must understand how menopause affects staff and respond sensitively. While menopause isn’t a protected characteristic under the Equality Act 2010, sex, age and disability are. Claims for discrimination in the workplace can arise if menopause symptoms are mishandled.

Any worker who is treated less favourably as a result of symptoms associated with menopause could bring a claim against their employer if they feel they have been treated less favourably as a result. This also means that menopause symptoms should not factor into any decisions made by employers relating to, for example, promotions or redundancies. If you are unsure, we would recommend seeking employment law advice at an early stage.

 

2. Make Reasonable Adjustments

As with any ongoing mental or physical condition, employers of workers suffering from menopause symptoms that are impacting on their work, should consider whether any reasonable adjustments can be made – either to working patterns, location or role-related tasks – to remove any disadvantage that the worker may be experiencing because of menopause.

Employers should consider adjustments such as:

• Flexible working hours
• Relaxed dress codes
• Improved ventilation
• Regular breaks

These changes can significantly improve wellbeing and productivity.

 

3. Maintain Open Communication

One of the most effective ways to manage matters relating to menopause is to keep the lines of communication with the worker open.

If a worker feels that they have the support of the business as well as the team around them, they are far more likely to open up about the challenges they are experiencing and, as a result, to discuss potential ways to manage or mitigate those issues – including any impact on their mental health at work which could be causing them, increased stress, anxiety or depression.

Employers can take proactive steps to support their workers through menopause by providing training to managers to ensure they are equipped to offer support. This will also provide reassurance and ensure that any conversations are dealt with appropriately.

 

4. Prioritise Health and Safety in the Workplace

Of course, the Health and Safety at Work Act 1974 also plays an important role here, as it states that an employer must do what it can to ensure the health, safety and welfare of everyone at work. A failure to comply can have serious consequences for businesses, including fines and, in some cases, imprisonment.

If a worker is struggling as a result of their menopause symptoms, and it is compromising their safety or wellbeing, or the safety of others, an employer should take steps to address this.

Again, an open dialogue with workers which allows them to raise concerns about their physical or mental health will help, especially if you can demonstrate that you have put procedures in place to help the worker continue to do their job.

 

Legal risks of not understanding the effects of menopause in the workplace - Case Studies

Menopause and Age Discrimination

Case: A v Bonmarche Ltd
A manager demeaned a menopausal employee, calling her a “dinosaur.” The tribunal upheld her claim for age and sex discrimination.

Menopause and Disability

Case: Rooney v Leicester City Council
Initially dismissed, Ms Rooney’s symptoms were later recognised as a disability under the Equality Act.

Menopause and Sex Discrimination

Case: Merchant v BT plc
Failure to refer a menopausal employee to Occupational Health led to a successful sex discrimination claim.

 

Avoiding Employment Tribunal Claims

There is no cap on compensation for discrimination claims. In 2021, menopause-related employment tribunal cases rose by 44%. Employers must act now to protect their staff—and their business.

 

Need Help Navigating Employment Law - We’re Here to Help at Banner Jones

If you' need help understanding your legal obligations, developing menopause-friendly policies or ensuring you are doing the right thing, our experienced team of Employment Law solicitors in Sheffield, Chesterfield and Mansfield can help. We’ll guide you through your options with clarity and care.

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