Menopause is increasingly recognised as an important workplace health, equality and retention issue. For employers, failing to respond appropriately can create legal risks involving disability, sex and age discrimination, harassment, victimisation and unfair dismissal.

Menopause is not a standalone protected characteristic under the Equality Act 2010. However, symptoms can affect an employee’s health, performance, attendance and working conditions. Where an employer dismisses, disciplines or disadvantages someone without properly considering those effects, an Employment Tribunal claim may follow.

This guide explains the key legal issues for employers in 2026 and the practical steps businesses should take to reduce risk.

Why menopause is becoming an employment law issue

The number of reported Employment Tribunal cases referring to menopause has increased significantly in recent years. Published analyses have reported a rise from 64 cases in 2022 to more than 200 cases in later reporting periods.

The precise figures vary depending on how cases are identified and whether menopause is a central issue or one part of a wider claim. The broader trend is clear: employees are increasingly willing to challenge insensitive treatment, inflexible working practices and decisions that fail to account for menopause-related symptoms.

This development is also reflected in official guidance. Acas guidance on menopause and the law confirms that menopause-related treatment may engage protections relating to age, disability, gender reassignment and sex.

For employers, menopause should not be treated as an informal wellbeing matter only. It should also be considered within equality, health and safety, absence management and performance procedures.

Can menopause symptoms amount to a disability?

Yes. In some circumstances, menopause symptoms can amount to a disability under section 6 of the Equality Act 2010.

The legal test is whether an employee has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Symptoms may include:

• Severe fatigue and disrupted sleep
• Anxiety, depression or mood changes
• Memory and concentration difficulties
• Hot flushes and night sweats
• Heavy bleeding
• Migraines or dizziness
• Joint pain
• Reduced confidence or difficulty managing ordinary activities

There is no automatic rule that menopause is, or is not, a disability. The question depends on the individual’s symptoms, their severity, their duration and their effect on day-to-day activities.

Employers should also remember that the disability assessment considers the effect of an impairment without treatment or corrective measures in certain circumstances. A fluctuating condition can still satisfy the long-term requirement where it has lasted, or is likely to last, at least 12 months or is likely to recur.

Acas advises employers to focus on supporting the employee rather than attempting to make a definitive medical assessment themselves. Where necessary, an occupational health referral or medical evidence may help clarify the impact of the symptoms and the adjustments required.

If menopause symptoms amount to a disability, the employer may have a duty to make reasonable adjustments. The employer must also avoid:

• Direct disability discrimination
• Indirect disability discrimination
• Discrimination arising from disability
• Harassment related to disability
• Victimisation after an employee raises a concern or complaint

The main discrimination risks for employers

Direct discrimination

Direct discrimination occurs where an employee is treated less favourably because of a protected characteristic.

Menopause-related examples might include:

• Refusing a promotion because a manager assumes an employee is less capable due to her age or symptoms
• Treating menopause-related health issues more negatively than a comparable health condition affecting a male employee
• Selecting an employee for redundancy because of assumptions about her long-term availability or performance

Direct discrimination can be difficult to identify where the decision-maker does not expressly refer to menopause. Tribunal proceedings may examine the surrounding comments, timing, treatment of comparators and documentary evidence.

Indirect discrimination

Indirect discrimination may arise where an apparently neutral workplace rule places people sharing a protected characteristic at a particular disadvantage.

Potential risk areas include:

• Rigid start and finish times where symptoms are worse after disrupted sleep
• Mandatory long shifts without sufficient toilet or rest breaks
• Uniform or temperature requirements that intensify symptoms
• Absence triggers that count menopause-related absence in the same way as unrelated short-term absence
• Performance targets applied without considering the impact of a disclosed impairment

A workplace rule is not automatically unlawful because it disadvantages an employee. However, the employer may need to demonstrate that the rule is a proportionate means of achieving a legitimate aim. That assessment should be evidence-based rather than relying on assumptions.

Harassment

Unwanted comments, jokes or conduct relating to menopause, sex, age or disability may amount to harassment if they violate the employee’s dignity or create an intimidating, hostile, degrading, humiliating or offensive environment.

Examples could include:

• Jokes about hot flushes or “being hormonal”
• Comments suggesting an employee is too old, difficult or unreliable
• Public remarks about an employee’s symptoms
• Dismissing concerns as “just menopause”

A single incident can be sufficient, depending on the circumstances. Managers should understand that apparently casual remarks may have serious consequences, particularly where they are made publicly or form part of a repeated pattern.

Unfair dismissal and capability procedures

Menopause-related symptoms may affect attendance, concentration, confidence or performance. Employers may still manage legitimate performance or attendance concerns, but they must first investigate whether health issues are contributing to the problem.

Risk arises where an employer:

• Begins disciplinary action without exploring the health position
• Applies absence triggers automatically
• Refuses to consider adjustments
• Dismisses for capability without obtaining appropriate medical or occupational health evidence
• Treats an employee’s disclosure as evidence of weakness or lack of commitment

A dismissal may be unfair because of an inadequate procedure, discriminatory because of the reason for treatment, or both. The risks can overlap, and discrimination compensation is not subject to the ordinary unfair dismissal compensatory cap.

For further context, see Tyndel Solicitors’ guide to employment discrimination and the 2026 Equality Act claims landscape and our article on Employment Tribunal compensation and Vento bands in 2026.

Reasonable adjustments employers should consider

Where the duty applies, an employer must take reasonable steps to remove or reduce the disadvantage experienced by a disabled employee.

Possible adjustments include:

• Flexible or amended start and finish times
• Temporary changes to shift patterns
• Home or hybrid working where practical
• Additional or more flexible breaks
• Easy access to toilets and drinking water
• A cooler workstation, fan or improved ventilation
• A private or quiet space for rest
• Adjustments to uniforms or dress requirements
• Changes to workload, meetings or deadlines
• Written instructions, reminders or additional time where concentration is affected
• Occupational health advice
• Separately recording menopause-related absence where appropriate

Adjustments should be discussed confidentially and agreed in writing. They should also be reviewed regularly because symptoms and working conditions may change.

An employer does not have to accept every requested adjustment. Reasonableness may depend on cost, practicality, the size and resources of the organisation, the effectiveness of the adjustment and any health and safety implications. However, refusing a request without proper consideration can create significant risk.

What does Acas expect from employers?

Acas recommends that employers:

1. Hold early and regular conversations with workers.
2. Train managers, supervisors and team leaders.
3. Carry out suitable health and safety risk assessments.
4. Create a menopause policy or incorporate menopause into existing policies.
5. Review flexible working, absence, sickness, performance and wellbeing procedures.
6. Handle disclosures sensitively and confidentially.
7. Consider adjustments before formal performance or disciplinary action.
8. Make sure workers know how to raise concerns without being disadvantaged.

A risk assessment might consider temperature, ventilation, uniform, access to toilets, availability of cold drinking water and whether there is a suitable place to rest.

The Acas guidance on supporting staff through menopause also emphasises that every person’s experience is different. A standard policy is useful, but it should not replace an individual conversation.

Menopause action plans in 2026 and 2027

Under the Employment Rights Act 2025 framework, organisations with 250 or more workers can publish a voluntary action plan addressing menopause support and the gender pay gap.

Acas states that publication will become mandatory for qualifying employers in 2027. Employers should therefore use 2026 to review their current position, consult employees and identify measurable actions.

An action plan might cover:

• Manager training
• Access to occupational health
• Flexible working arrangements
• Workplace temperature and facilities
• Absence and performance procedures
• Confidential support routes
• Monitoring retention and absence data

The plan does not create a general right to menopause leave. It also does not replace existing duties under the Equality Act 2010 or health and safety legislation. Smaller employers remain responsible for complying with those duties even if the action-plan reporting requirements do not apply to them.

A practical 2026 employer checklist

Employers should consider taking the following steps now:

• Review whether the organisation has a clear menopause policy.
• Audit absence and performance procedures for automatic triggers.
• Train managers on equality law and sensitive conversations.
• Make adjustments easy to request and understand.
• Record decisions and the reasons for accepting or refusing adjustments.
• Check workplace temperature, ventilation, facilities and uniform requirements.
• Review complaints promptly and investigate inappropriate comments.
• Prepare for the 2027 action-plan requirements if the organisation has 250 or more workers.
• Obtain specialist advice before dismissing or disciplining an employee where menopause may be relevant.

How Tyndel Solicitors can help

Menopause-related workplace issues can involve overlapping questions of disability, sex and age discrimination, reasonable adjustments, capability, sickness absence and unfair dismissal.

Our employment law solicitors in the UK advise employers and employees across England and Wales on workplace disputes, policies, disciplinary procedures, settlement agreements and Employment Tribunal claims.

Contact Tyndel Solicitors through our Employment Law service for practical, confidential advice about your organisation or employment situation.

This article provides general information and is not a substitute for legal advice on particular facts. Employment law can change, and the correct approach will depend on the circumstances of each case.