When menopause symptoms could be a disability, reasonable adjustments, sex and age discrimination, and flexible working.
Workers in England, Wales or Scotland affected by the menopause at work, who want to know what their employer must do and whether they have been treated unfairly.
Not automatically. You are disabled under the Equality Act 2010 if you have a physical or mental impairment that has a "substantial" and "long-term" negative effect on your ability to do normal daily activities. "Substantial" is more than minor or trivial. "Long-term" means 12 months or more.
If menopause symptoms have a long-term and substantial impact on your ability to carry out normal day-to-day activities, they could be considered a disability. Only a tribunal can finally decide.
If your symptoms amount to a disability, your employer must make reasonable adjustments. It must not directly or indirectly discriminate because of the disability, or treat you unfavourably because of something arising from it.
Reasonable adjustments can include doing things another way, changing equipment, or allowing flexible hours or part-time working.
Whether or not your symptoms are a disability, you are protected from direct and indirect discrimination, harassment and victimisation because of your age and sex.
Employers also have a legal obligation to assess their workplace risks under health and safety law.
For menopause, Acas says a risk assessment could look at: the temperature and ventilation, whether a uniform is too hot or uncomfortable, somewhere suitable to rest, easy access to toilets, and cold drinking water.
Employees can also ask for flexible working from their first day in a job. Your employer must decide within 2 months, and must discuss the request with you before refusing it.
Acas advises employers to record menopause-related sickness absence separately, because counting it in your overall attendance record could be unfair or discriminatory.
There is no general legal right to time off for menopause-related medical appointments, but your contract may give you paid or unpaid time off. If your symptoms are a disability, time off for appointments can be a reasonable adjustment.
Employers with 250 or more workers can already publish a voluntary action plan, which must include at least one action to support workers going through menopause. Publishing one becomes mandatory in 2027 under the Employment Rights Act 2025. This is not in force yet.
Raise it with your employer first. If that does not work, you can get advice from Acas, Citizens Advice or your trade union.
A discrimination claim needs no minimum length of service. Unfair dismissal needs at least 2 years of continuous employment now, and at least 6 months where the employment ends on or after 1 January 2027. Before you can make most employment tribunal claims, you must notify Acas to start early conciliation. It is free. Your time limit is paused while conciliation runs, but only if you notify Acas within your time limit.
For direct discrimination and victimisation, being treated badly and having a protected characteristic (or having complained about discrimination) is not enough on its own. The tribunal asks why the employer acted, and the characteristic or complaint must be part of the reason. It does not have to be the only or main reason, and it can count even if the employer did not realise it, but it must be more than a trivial part.
Proof: you first need facts from which a tribunal could decide there was discrimination if there were no other explanation. If you have those, it is then up to the employer to prove it did not discriminate.
Different tests: harassment only needs the conduct to be related to the characteristic, and its effect on you can be enough even if it was not meant. Indirect discrimination and reasonable adjustments are about disadvantage, not the employer's motive. Unfavourable treatment because of something arising from a disability is not discrimination if the employer shows it was a proportionate way to meet a legitimate aim, or that it did not know and could not reasonably have known about the disability.
Acas: 0300 123 1100 (Monday to Friday, 8am to 6pm), acas.org.uk. Early conciliation and employment advice.
The Equality and Human Rights Commission publishes guidance for employers on menopause in the workplace. Free advice is also available from Citizens Advice, and from your trade union if you have one.
Citizens Advice (England): 0800 144 8848
Citizens Advice (Wales): 0800 702 2020
Citizens Advice Scotland: 0800 028 1456
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