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The Law is Changing How Employers Should Consider The Menopause

Published: 20/04/2026
Written by Curwens Solicitors

Menopause is increasingly recognised as a significant workplace issue with real legal consequences for employers. As the law evolves, companies that understand their obligations will be far better placed to support their employees and greatly reduce the risk of facing legal claims.

For legal advice on any of the issues discussed, please call our Employment Law Team today on 020 8363 4444 or complete our online contact form, and we will be in touch with you as soon as possible.

1. Existing Legal Protections

There is currently no standalone legislation specifically addressing menopause at work, but the law already protects employees and place clear duties on employers. The Employment Rights Act 1996 is the most significant.

Menopause is not itself a protected characteristic, but employees who are treated unfairly because of their symptoms can bring claims based on age, sex, disability, or gender reassignment. Management decisions which ignore these can all give rise to discrimination claims if they are connected to someone’s menopause. The link between menopausal symptoms and disability in particular has been a consistent thread in tribunal cases for well over a decade.

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The Employment Rights Act 1996 gives employees the right to request flexible working, a right that has been available from day one of employment since April 2024. For those managing difficult symptoms, changes to hours or the option to work remotely can make the difference between staying and leaving.

The Health and Safety at Work Act 1974 adds a further obligation: employers must manage health and safety risks in the workplace, which for menopausal employees means thinking practically about a various consideration such as temperature, proximity to facilities and regular breaks.

2. Key Developments under the Employment Rights Act 2025

On 4 March 2026, the government published its first formal guidance on Menopause Action Plans, giving employers a clear framework for putting structured support in place.

As of 6 April 2026, any employer can voluntarily publish an Action Plan setting out how they support staff experiencing perimenopause or menopause. Moreover, from 2027, this becomes a legal requirement for private sector employers with 250 or more employees.

ACAS guidance is clear on what a good menopause policy should include such as a straightforward explanation of what menopause and perimenopause are, and how differently they can affect employees; details of the training provided to managers and team leaders so they can recognise when someone may need adjustments or support; and a genuine commitment from the organisation to an inclusive workplace free from discrimination.

Crucially, the policy should be included in the staff handbook and properly cross-referenced to absence management, flexible working, and performance management procedures.

One further change that every employer should note is that from January 2027, employees will only need six months’ service to bring an unfair dismissal claim (reduced from two years), and the cap on tribunal compensation will be removed altogether. The financial consequences of mishandling menopause-related performance or absence issues are about to increase significantly.

3. Key Case Law

Employment tribunals have been dealing with menopause-related claims for years, and the lessons from the cases are consistent. In Lynskey v Direct Line Insurance Services (2022), a consistently high-performing employee’s performance declined when menopausal symptoms including brain fog and severe anxiety emerged.

Her manager was aware of her symptoms but did not consider whether they might amount to a disability or whether adjustments could help. She was placed on a performance improvement plan and denied a pay rise. The tribunal awarded her £64,645, including aggravated damages for the way Direct Line handled the issue.

In Davies v Scottish Courts and Tribunals Service (2018), an employee was dismissed for misconduct that arose directly from her menopausal symptoms.

The tribunal found it constituted both disability discrimination and unfair dismissal. In Rooney v Leicester City Council, the Employment Appeal Tribunal confirmed that employers cannot simply rely on an occupational health report that has failed to properly apply the Equality Act, and they must make their own careful assessment.

Thomas v Bibimoney Global (2022), was an instance where a male director’s passing remark that a female colleague’s business concerns were down to her being menopausal was found to amount to sex and age discrimination. One comment, in the wrong context, was enough.

What connects these cases is not deliberate wrongdoing but a lack of awareness, absent or ignored policies, and managers who did not know what to do. Those are all things that employers can and should put right.

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4. What Employers Should Do Next

A standalone menopause policy, written in plain language and properly linked to absence, flexible working, and performance procedures, is key. Alongside that, a straightforward workplace risk assessment can identify any environmental factors that may be making things harder for menopausal employees, such as temperature, facilities and shift patterns.

Line manager training is essential. The cases above trace back in almost every instance to a manager who lacked the knowledge or confidence to manage the situation well. Training should cover how symptoms can present at work, how to have a supportive conversation, and when to consider a referral or an adjustment.

Appointing a Menopause Champion, a named, visible point of contact for employees who are not comfortable going to their manager, can make a real practical difference.

For employers with 250 or more staff, bringing all of this together in a formal Menopause Action Plan ahead of the 2027 deadline is both good practice and, very soon will become a legal requirement.

Omar Qassim is Head of Employment Law at Curwens. He has extensive experience advising and representing both employees and employers alike. Please feel free to contact him by email This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone on 020 8363 4444 or complete our online contact form to discuss your case.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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