Women experiencing severe, long-term menopause symptoms could now be protected under disability law, with employers required to make reasonable adjustments or risk facing discrimination claims.
New guidance from the Equality and Human Rights Commission (EHRC) states that menopause symptoms such as hot flushes, disturbed sleep, anxiety, fatigue and difficulty concentrating may amount to a disability if they substantially impact day-to-day activities and last for 12 months or more.
The EHRC said in such cases, the symptoms could meet the legal threshold under the Equality Act 2010. This would give workers the right to request workplace adjustments and open the door to tribunal claims if these are denied.
Symptoms Now Treated as Hidden Impairments
The watchdog said that menopause, while not automatically classed as a disability, could be treated as one if the impact is both serious and long-lasting. It places the condition in the same category as mental health conditions, neurodivergent traits such as ADHD or autism, and other non-visible health issues.
The guidance highlights examples where women have experienced difficulty remembering information, concentrating on tasks or engaging in physical activity due to hormonal changes. In these cases, the symptoms are likely to meet the test for legal protection.
Employers may be required to offer adjustments such as flexible start times, rest breaks, cooler working conditions or hybrid arrangements depending on the individual’s needs. The EHRC stressed that employers must avoid assumptions and take a case-by-case approach based on open dialogue and medical evidence.
Legal Risk for Employers Grows
The guidance follows a number of high-profile employment tribunal cases where menopause-related claims were brought under sex, age or disability discrimination. While the outcomes have varied, the cases have exposed inconsistencies in how employers handle menopause at work and raised concerns about legal exposure.
The EHRC said failing to make appropriate adjustments or treating someone unfavourably due to menopause could lead to tribunal claims. It also warned that workplace jokes, dismissive comments or unfair treatment linked to symptoms may amount to harassment under equality law.
Employment lawyers have said the guidance will increase clarity for both employers and employees. But it also raises the bar for organisations that have yet to adopt clear menopause policies or train managers to handle such conversations appropriately.
Negative Impact on Careers ‘Widespread’
Research by the Chartered Institute of Personnel and Development (CIPD) has found that almost two thirds of working women aged 40 to 60 with experience of menopausal symptoms said the impact on their job had been mostly negative.
The most common effects included reduced concentration, fatigue, poor memory and lowered confidence. A significant number also reported taking time off work, passing up promotions or considering leaving their job altogether due to lack of support.
Seventeen percent of respondents said they had thought about quitting, while six percent had already done so. In many cases, symptoms were not disclosed to managers because women feared being dismissed, mocked or seen as less capable.
The result, according to the CIPD, is that experienced staff are being lost at a time when many sectors face acute skills shortages and challenges retaining midlife and senior women in the workforce.
Government Begins to Respond
Last month, the Department of Health and Social Care announced that questions about the menopause will be added to NHS health checks for the first time. Ministers said the move would help raise awareness, support earlier diagnosis and give women confidence to seek medical advice or workplace help.
Professor Dame Lesley Regan, England’s Women’s Health Ambassador, has long called for menopause to be treated as a national health priority. She said around 400,000 women in the UK become menopausal each year, yet most receive little guidance or support.
She warned that too many women are being disadvantaged at work by symptoms that are manageable with the right information and care.
“There is an inevitability that every girl and woman who has menstrual periods will become menopausal, some earlier than others,” she said.
“Which is why it is so important that we provide all girls and women with the information and supportive healthcare they need to deal with their menstrual health and their menopausal health and wellbeing so that they are not disabled or disadvantaged by easily treatable symptoms that prevent them contributing to society.”
She added that when we get it right for women, everyone benefits.
What Employers Should Do
The EHRC guidance recommends that organisations develop clear internal processes for supporting staff affected by menopause. This includes updating workplace policies, training line managers to respond sensitively and reviewing health and safety risks where appropriate.
Employers are encouraged to consider reasonable adjustments in consultation with occupational health where symptoms are impacting performance. These might include changes to working hours, reduced workloads, additional rest periods or adjustments to uniforms.
Experts say that promoting psychological safety is also key. Employees must feel able to speak openly about what they are experiencing without fear of stigma or repercussions. Several large employers have already appointed menopause champions or introduced peer support networks to encourage discussion and reduce isolation.
The CIPD has urged all employers to view menopause not as a niche issue but as part of wider inclusion and wellbeing strategies.
A Change in Expectations
While not every woman will experience severe symptoms, the EHRC said assumptions should not guide employer response. The key issue is whether symptoms are having a significant and long-term effect on the individual’s ability to carry out day-to-day tasks.
With the law now clarified, employers who take no action may face growing legal risk. But those that respond proactively are more likely to retain experienced staff, improve wellbeing and reduce absenteeism.
Campaigners and health experts say the new guidance marks a shift in how menopause is viewed in the workplace. No longer just a private health matter, it is now recognised as a potential legal and organisational issue that employers cannot afford to ignore.