Menopause can significantly impact a person’s life, putting them through an emotional, physical, and mental struggle. Many people are likely to be struggling with menopause at work – as UK statistics suggest that approximately 13 million people are either peri- or post-menopausal.
Over half of working women aged 40-65 have experienced three or more symptoms of the menopause, including hot flushes (47%), night sweats (41%) and feeling tired (35%). A Wellbeing of Women survey also revealed that 25% of women going through the menopause had considered leaving work because of their experiences or lack of support in their workplace.
Recognising these figures, in its Menopause and the Workplace report of July 2022, the House of Commons Women and Equalities Committee recommended (among other things) that the Equality Act 2010 should incorporate the menopause as a specific protected characteristic. However, on 24 January, the government announced that it wouldn‘t be consulting on such an amendment or piloting a menopause leave policy.
Caroline Jennings, employment and discrimination barrister at No5 Barristers’ Chambers commented: “Although this news might be upsetting to hear, women need to know that the law is in their favour and is not abandoning them. Despite it not being explicitly provided for as a protected characteristic in the Equality Act 2010, discrimination by reason of menopause is covered by existing protected traits. The key issue we face as a nation is knowledge of legal rights and how to advocate for oneself on this basis."
So what rights do we have if we're struggling with menopause or perimenopause symptoms at work, where women often report greater difficulty in managing symptoms and can feel embarrassed and unable to disclose their menopausal status, fearing they may be stigmatised?
“There are a number of existing protected characteristics within the Act that can be used in circumstances of discrimination relating to the menopause," says Caroline. "Sex and Disability are the main two. Many people do not know that as the menopause can have a substantial long-term adverse effect on someone’s ability to perform everyday tasks, it can be classed as a disability for the purpose of employment law. This same category would protect men with long-term medical conditions with a similar level of impact – thereby avoiding any suggestion of inequality of protection within the workplace."
Your rights in the workplace
There are around 4.9 million women aged 50 and over in employment in the U.K and it is the fastest growing demographic, so it's important now more than ever to be able to speak openly about menopause at work and that support should be available to you in your workplace.
“Although the law currently protects against discrimination due to the menopause, it’s up to businesses themselves – both big and small – to ensure that they make the workplace as suitable as possible," adds Caroline. "This includes providing reasonable adjustments to accommodate symptoms. With 59% of working women between 45 and 55 saying hot flushes and insomnia have a negative impact on them at work, accommodations such as flexible hours and a more relaxed dress code can have a big impact."
Developing a menopause policy, while not a legal requirement, will show that a firm is taking the matter seriously, address any underlying stigmas and highlight the menopause support available.
According to NHS Inform you can request reasonable adjustments be made within your workplace to help you manage your menopausal symptoms, such as:
• flexible working such as changing working patterns or working from home
• requesting a different uniform if you are experiencing hot flushes
• moving to a cooler part of the office or asking for a fan
• using technology where it can help you, for example setting up reminders on your phone or taking more notes to help with 'brain fog'
• counselling through workplace
• option to take more regular breaks
• more time to prepare before meetings, appointments or engagements
In 2024, guidance was issued by The Equality and Human Rights Commission (EHRC) to help clarify the legal obligations to menopausal workers. This included flexible hours, rest stations and relaxing uniform policies.
The EHRC says that failing to make "reasonable adjustments" amounts to disability discrimination (under the Equality Act 2010) if the symptoms affect a woman's ability to carry out their usual day-to-day activities, with "long-term and substantial impact".
Is menopause still a taboo subject?
Nine out of 10 women feel unable to talk to their manager regarding menopause due to feeling like it’s a taboo subject. But a growing number of employment tribunal cases in the UK are citing menopause as proof of unfair dismissal and sex discrimination. It is also becoming more common for women to voice their personal experiences of discrimination in the media, to raise awareness and show that this is an issue that requires serious attention from policy makers.
Caroline agrees that there is still fear of discrimination, “The law is there to protect women, but they often do not know their rights and even if they do, they may be embarrassed to speak up for themselves. The difficulty within ‘working Britain’ is the stigma and lack of education that has historically surrounded menopause."
The fact is, menopause can be linked to early retirement, with women leaving work at the peak of their careers. This harms age and gender diversity in the workforce and contributes to the gender pay and retirement savings gap.
Creating a support network in the workplace
To help, many large employers, including the NHS, have introduced 'Menopause Champions' – someone who can provide support for those going through menopause, approaching menopause, or for those worried or concerned about those they know going through. A menopause champion can inform colleagues how the organisation will be supporting those struggling with peri-menopause and menopause symptoms, creating a support network and signposting colleagues to other helpful resources.
“Removal of stigma and normalisation is key to progress in this field," says Caroline. "These ‘Menopause Champions’ create a positive support network and increase awareness. Having a designated person to talk to means employees will have someone on hand to offer vital support to those experiencing perimenopause and menopause symptoms as well as helping them navigate their jobs during this time. Not all businesses can provide this, but the hope is that as general awareness increases, women will feel more able to advocate for themselves.
“Even though the Women and Equalities committee report did not have the outcome many had hoped for, people need to know that legislation which protects them in these circumstances is already there and is readily available through a quick internet search. If you are facing discrimination at work due to the menopause, the best course of action is to contact a lawyer who can help walk you through your options.”
Stephanie Anthony is the Deputy Digital Editor of Yours.co.uk. Having worked across a variety of topics, from travel and food to home, she has a particular interest in mental health and wellness.