Advice and representation for individuals
Menopause at Work
What is the menopause?
The menopause is defined as the point at which the menstrual cycle has ceased for at least a year. In the UK, the average age to reach the menopause is 51.
It is, however, part of a longer process. The perimenopause typically begins several years earlier, and post-menopause symptoms can continue for years afterwards. For many, the overall experience spans close to a decade, although timing and impact vary significantly between individuals.
What are the symptoms?
The symptoms of the perimenopause, menopause and the post-menopause phases are the same, although the range and severity of symptoms suffered will vary for each person and may change over time.
Symptoms are often more extensive – and more disruptive – than commonly assumed. These may include:
Physical
- Hot or cold flushes
- Night sweats
- Fatigue
- Joint pain
- Migraines
- Abdominal pain
- Breast pain
- Irregular and/or heavy periods
- Heart palpitations
- Light-headedness and dizziness
- Gynaecological problems
- Tinnitus
- Hair loss or thinning
- Dry eyes, skin, mouth, and hair
- Weight gain
Cognitive and psychological symptoms
- Insomnia
- Low mood and/or irritability
- Anxiety
- Panic attacks
- Poor memory
- Difficulty concentrating
- Loss of libido
What types of menopause-related issues commonly arise in the workplace?
For many, these symptoms can give rise to a range of challenges in the workplace – often in circumstances where the stakes are already high – including:
- Increased sickness absence: around a third of affected workers have felt unable to go to work at some point because of menopausal symptoms. Where sickness absence is taken, many also report feeling unable to tell their line manager the true reason for their absence, due to the taboo around the menopause. In turn, this may lead to absence management processes which fail to recognise menopause as the underlying cause.
- Performance and conduct issues: symptoms like insomnia, irritability, low mood, poor memory, and difficulty concentrating all have the capacity to make work harder than usual. This may lead to a perceived or actual decline in performance or conduct. Disputes often arise where a disciplinary or performance process is commenced without properly considering the underlying impact of the menopause.
- Difficulty functioning in the workplace: symptoms such as hot flushes, heavy bleeding, insomnia and fatigue may affect how well someone functions in the workplace. Where a menopausal worker is disabled for the purposes of the Equality Act 2010, they have the right to reasonable adjustments in certain circumstances. In addition, such adjustments may be needed in order to reduce health and safety risks.
- Harassment: unfortunately, the lack of understanding around the menopause means that it is still seen as “fair game” as far as inappropriate comments in the workplace are concerned. Evidence shows that treatment of this nature is more likely to arise in male-dominated workforces.
What legal protections are available?
Discrimination
In practice, claims are most commonly brought on the grounds of sex, age and disability (subject to meeting the disability status test in the Equality Act 2010). These may include claims based on:
- A failure to make reasonable adjustments.
- Harassment or inappropriate comments.
- Policies that disproportionately disadvantage those going through the menopause.
- Detrimental treatment or dismissal.
Unfair dismissal
Where an employee is dismissed (or forced to resign) in circumstances connected to the menopause, they may have a claim for unfair dismissal. In particular, employment tribunals will scrutinise whether the employer has properly investigated the impact of the menopause, considered medical evidence and acted reasonably and followed a fair procedure.
Flexible working
Employees have a statutory right to request flexible working, which can be particularly important in managing menopausal symptoms. Tribunals have recognised that failing to take menopausal symptoms into account when considering flexible working requests can amount to disability discrimination and a breach of trust and confidence. In the right circumstances, these issues can form part of a wider discrimination or constructive dismissal claim.
Health and safety obligations
Employers have duties to assess workplace risks, ensure working conditions do not exacerbate symptoms and take reasonable steps to protect your wellbeing. Failures in this area can underpin other legal claims.
Equality action plans
From Spring 2027, employers with 250 or more employees will be required to publish “equality action plans” on an annual basis setting out the steps taken to support those going through the menopause. Government guidance indicates that employers must commit to at least one menopause-related measure. Failures in this area may also be relevant in assessing an employer’s overall approach.
How can BDBF help you?
If you are experiencing difficulties at work connected to the menopause, early advice can make a difference to how matters are resolved. Timely, strategic advice can help protect your position, shape internal discussions and maximise the prospects of a good outcome.
We have significant experience advising on menopause-related employment issues, including in complex and sensitive situations. We are frequently instructed in relation to:
- Negotiating reasonable adjustments and flexible working arrangements.
- Raising grievances and complaints about mistreatment.
- Responding to disciplinary or capability processes.
- Dealing with occupational health assessments.
- Exit negotiations (for employees and partners) and settlement agreements.
- Tribunal claims involving discrimination and/or dismissal.
We combine technical expertise with a pragmatic and discreet approach and are focused on achieving the best possible outcome for you, whether through negotiation or, where necessary, litigation.
If you would like to discuss your situation in confidence, please get in touch.
