Menopause at Work: Your Legal Rights (UK Guide)
Reported menopause-related tribunal claims have more than tripled in recent years.
Between 2022 and 2024, reported menopause-related tribunal claims went from 64 cases to 204 in a single year. They cover disability discrimination, sex discrimination, age discrimination, constructive dismissal and unfair dismissal. And employers are losing them, sometimes at significant cost.
This matters for two reasons - and both point to the same conclusion: you have more legal protection than you think.
Most women experiencing menopause at work never get anywhere near a tribunal - but the outcomes of these cases shape what employers are expected to do.
First, it means the legal landscape around menopause at work is no longer theoretical. There is a growing body of case law establishing what employers are and are not permitted to do - and what happens when they get it wrong.
Second, it means that if you are experiencing difficulties at work because of menopause symptoms, you have more legal standing than you may realise. Not just the soft standing of a workplace policy. Real, enforceable rights under existing UK legislation - rights that courts and tribunals are actively upholding.
This guide explains what those rights are, how they apply, and what to do if you believe they are being breached. You already have legal protection. The key is understanding how it applies to you.
Download the Menopause at Work Survival Guide - including a clear summary of your rights, a workplace adjustments checklist, and scripts for speaking to your manager or HR.
The starting point: menopause and the Equality Act 2010
Menopause is not a standalone protected characteristic under the Equality Act 2010. This is an important detail - and one that causes unnecessary confusion. The absence of a specific menopause category does not mean you are unprotected. It means your protections arrive through three existing routes, any one of which may apply to your situation, and more than one of which can apply simultaneously.
This is where many women underestimate their position.
The law is already set up to protect you - even without menopause being a standalone category.
Route 1: Disability discrimination
Under Section 6 of the Equality Act 2010, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. "Substantial" means more than minor or trivial. "Long-term" means lasting, or likely to last, twelve months or more.
A landmark Employment Appeal Tribunal ruling - Rooney v Leicester City Council (2022) - established for the first time that menopause symptoms can meet this definition. The EAT held that the original tribunal had erred in concluding that Ms Rooney's symptoms - which included severe memory loss, fatigue, anxiety, and difficulty managing daily tasks — had only a minor or trivial effect. The case was remitted and subsequently confirmed that Ms Rooney was disabled within the legal definition, a ruling the Equality and Human Rights Commission actively supported.
What this means practically: if your symptoms are severe, persistent, and substantially affecting your ability to function at work or at home, your employer may have a legal duty under Section 20 of the Act to make reasonable adjustments - and a legal prohibition on treating you less favourably because of your disability.
In simple terms: if your symptoms are significantly affecting your ability to do your job, your employer is expected to respond - not ignore it.
Where disability discrimination is established, there is no cap on compensation. Awards can include loss of earnings, loss of pension, and injury to feelings. This is why disability claims, when they succeed, tend to attract the largest awards.
Route 2: Sex discrimination
Menopause predominantly affects women. Where an employer treats an employee unfavourably because of menopause-related symptoms or absence, and where a male employee or a younger female employee would not have been treated in the same way, this may constitute sex discrimination under the Equality Act.
The Lynskey v Direct Line Insurance Services case (2022–2023) illustrates this clearly. Ms Lynskey's menopausal symptoms - brain fog, concentration difficulties, memory problems - affected her performance at work. Her employer issued her with a low performance rating and a formal written warning without adequately considering the impact of her condition or making any workplace adjustments to support her. The employment tribunal found this constituted both disability discrimination and discrimination arising from a disability, and awarded compensation of £64,645.
Sex discrimination claims are also uncapped where they involve harassment or particularly serious treatment.
Route 3: Age discrimination
Menopause typically occurs between the ages of 45 and 55, meaning it is inherently connected to age. Where an employee is treated less favourably, dismissed, managed out, or subjected to comments because she is perceived as a menopausal woman - that is, an older woman - this can constitute direct age discrimination.
In Thomas v Bibimoney Global, a senior executive successfully brought age and sex discrimination claims after her CEO made comments attributing her professional concerns to the fact she was menopausal. The tribunal found that such a comment would not have been made to a male or younger female comparator - meeting the direct discrimination threshold.
A developing case to watch: Pal v Accenture (UK) Ltd [2026] EAT 12
In January 2026, the Employment Appeal Tribunal overturned a tribunal decision involving a former Accenture manager dismissed while managing endometriosis. The EAT found the tribunal’s assessment of disability to be “wholly inadequate”, criticising its failure to properly consider medical evidence, the likelihood of recurrence, and the impact of the condition without treatment.
While this case centres on endometriosis rather than menopause, the legal principles are directly relevant.
The EAT reinforced three points that matter here:
Effective symptom management does not remove the underlying impairment
Employers can be held accountable for what they ought reasonably to have known about an employee’s health
Tribunals must properly engage with medical evidence - not dismiss it selectively
For women managing menopause symptoms with HRT or other interventions, this is important.
Managed symptoms do not mean the condition falls below the legal threshold. The underlying impact still counts.
The case has been remitted for rehearing, so this is one to watch - but it signals a clear direction in how women’s health conditions are being treated in employment law.
What matters for you is this: the law is increasingly recognising the reality of what you’re experiencing - even when it’s managed, fluctuating, or not formally labelled.
These cases are not outliers - they are signals of how tribunals are interpreting the law in practice.
And they reinforce the same point: the protection is already there.
The Health and Safety at Work Act 1974
This is often the most overlooked route - but also the simplest. Employers are required to provide a safe working environment regardless of diagnosis or legal classification.
Separate from the Equality Act, your employer has an existing duty of care under the Health and Safety at Work Act 1974. This requires them to ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees. In the context of menopause, this duty extends to:
Not creating or maintaining a working environment that significantly worsens symptoms (excessive heat, lack of access to cold water, inadequate ventilation)
Conducting risk assessments that account for the needs of menopausal employees
Providing rest facilities and access to welfare provisions
This route doesn't require you to establish discrimination. It creates an independent baseline obligation on every employer, regardless of their size or the severity of your symptoms.
The Employment Rights Act 2023: flexible working from day one
Since April 2024, all employees have had a day-one right to request flexible working under the Employment Rights Act 2023. You no longer need to have been employed for six months before making a request.
Your employer can refuse a flexible working request, but only on one of eight specific statutory grounds — and they must respond formally within two months. An unreasonable refusal, or a refusal made without proper process, can form the basis of an employment tribunal claim.
For many women managing menopause symptoms, flexible working is one of the most practically useful adjustments available — later starts to accommodate poor sleep, home working on difficult days, adjusted hours to protect peak concentration periods. The right to request it now exists from your first day of employment.
The Employment Rights Act 2025: the direction of travel
The Employment Rights Act 2025 received Royal Assent in December 2025 and introduces significant new requirements. For employers with 250 or more employees, it introduces requirements for Equality Action Plans, which are expected to include menopause support - signalling a clear shift towards formal employer accountability.
Initial implementation begins from April 2026, with further requirements expected to become mandatory for larger employers from 2027.
This is the first time menopause has been explicitly named in UK employment legislation. The practical effect is that large employers are now building menopause support into their formal HR architecture - and employees at those organisations are increasingly entitled to expect it. For smaller employers, while the obligation doesn't apply directly, the reputational and legal pressure to follow suit is growing.
From January 2027, the qualifying period for ordinary unfair dismissal claims also reduces from two years to six months - with the compensatory award cap removed entirely. This significantly strengthens the position of employees who are dismissed or constructively dismissed in circumstances connected to menopause symptoms.
What counts as unlawful treatment
Beyond formal discrimination claims, a range of specific employer behaviours have been found unlawful in tribunal decisions:
Disciplinary action or performance management without consideration of menopause symptoms. If you have disclosed that you are experiencing menopause-related difficulties and your employer proceeds with a performance warning, capability process, or disciplinary action without taking those symptoms into account, this may constitute discrimination arising from disability (where the disability threshold is met) or unfair treatment under sex or age grounds.
Dismissal linked to menopause-related absence. Where absence is directly caused by menopause symptoms and has been disclosed or is reasonably known to the employer, dismissal on capability or attendance grounds without proper consideration and adjustment may give rise to unfair dismissal and/or disability discrimination claims.
Harassment. Comments about a colleague's menopause - whether framed as jokes, observations, or concern - can constitute harassment under the Equality Act where they have the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The Best v Embark on Raw Ltd case found that persistent comments about the claimant's menopause from a colleague constituted harassment, even when presented as informal conversation.
Failure to make reasonable adjustments where a disability is established or ought reasonably to be known. An employer who knows, or ought to know, that an employee is experiencing substantial and long-term menopause symptoms and fails to make or even consider reasonable adjustments may be in breach of Section 20 of the Equality Act.
If you’re unsure what practical support should look like, this guide breaks down the adjustments you can reasonably request:
→ Menopause Workplace Adjustments: What You Can Ask For (UK Guide)
If you believe your rights are being breached: what to do
Step 1: Document everything
Keep a contemporaneous record - dates, times, what was said or done, who was present, and how it affected you. Note any conversations where you disclosed your symptoms and how your employer responded. If adjustments were promised and not delivered, record that too. Contemporaneous notes carry significant weight in tribunal proceedings. An email to yourself written the same day carries more evidential value than a recollection written six months later.
Step 2: Put requests and responses in writing
After any conversation with your manager or HR, follow up with an email summarising what was discussed and what was requested or agreed. This creates a paper trail that is difficult to dispute and demonstrates that you raised the issue formally and in good faith. The How to Talk to Your Manager About Menopause article covers how to do this without it feeling confrontational.
Step 3: Use your internal grievance procedure
If informal attempts to resolve the situation have not worked, raise a formal grievance. Your employer is legally required to have a grievance procedure. Using it matters: a tribunal will generally expect to see that you attempted to resolve the issue internally before bringing a claim.
Step 4: Contact ACAS
ACAS (the Advisory, Conciliation and Arbitration Service) provides free, confidential advice on workplace rights - including menopause-related discrimination, reasonable adjustments, and what happens if you want to bring a tribunal claim. Before lodging any tribunal claim, you are required to notify ACAS and go through their Early Conciliation process. ACAS can often resolve disputes without the need for a tribunal hearing.
ACAS helpline: 0300 123 1100
Step 5: Take specialist legal advice
If conciliation doesn't resolve the situation, or if you believe you have a serious discrimination or unfair dismissal claim, consult an employment solicitor. Many employment lawyers offer a free initial consultation. Citizens Advice can also help identify low-cost or free legal support in your area.
Note the time limits: employment tribunal claims must generally be brought within three months less one day of the act you are complaining about. Missing this deadline will usually bar your claim entirely, regardless of its merits. If you are considering a claim, take advice promptly.
A note on what this post is - and isn't
This guide is written to help you understand the legal landscape and exercise your workplace rights with confidence. It is informed by current UK employment law and ACAS guidance, and is written within the scope of health and nutrition coaching practice.
It is not legal advice. Every situation is different, and the law as it applies to your specific circumstances will depend on facts that only a qualified employment lawyer can assess properly. If you are considering a tribunal claim, or if you have been dismissed or subjected to serious discriminatory treatment, please seek specialist legal advice.
What this guide is for is giving you the foundation to have informed, confident conversations - with your employer, with HR, and if necessary, with ACAS or a solicitor.
You don’t need to wait until something goes wrong to understand your rights.
You already have legal standing - the key is knowing how to use it.
For employers and HR teams
The increase in menopause-related tribunal claims is not just a legal issue - it’s a signal that many organisations are still unclear on how to support employees effectively.
Most cases do not arise from intent, but from a lack of practical understanding at manager level.
I work with organisations to bridge that gap - translating legal risk into clear, actionable workplace support.
→ Get in touch to discuss workplace sessions and strategy
The bigger picture
One in ten women who worked during menopause has left their job because of unmanaged symptoms. Many of those exits were avoidable. Most of those women had legal rights they either didn't know about or didn't feel safe enough to exercise.
That is changing - and quickly. Tribunal outcomes, employer policy shifts, and new legislation are all moving in the same direction.
You don't have to be at breaking point to exercise your rights. You don't have to have been dismissed to have a legitimate concern. And you don't have to navigate this alone.
If you're not yet sure what adjustments to ask for, Menopause Workplace Adjustments: What You Can Ask For (UK Guide) covers the full range, with framing for each conversation.
If you're trying to work out whether what you're experiencing is menopause-related, Is It Menopause - or Am I Just Not Coping at Work Anymore? is the right starting point.
And if you want to understand the full picture - symptoms, strategies, rights, and support - Menopause at Work: How to Navigate Your Career with Confidence is the hub for this entire series.
Download the Menopause at Work Survival Guide - including a clear summary of your rights, a workplace adjustments checklist, and scripts for speaking to your manager or HR.
Or book a free Menopause Clarity Call if you'd like to talk through your specific situation.
This article is written within the scope of health and nutrition coaching practice and is informed by current UK employment law, ACAS guidance, and tribunal case law. It does not constitute legal advice. If you are considering an employment tribunal claim, please seek advice from a qualified employment law solicitor. Time limits apply.
References
Equality Act 2010. UK Government Legislation. legislation.gov.uk
Health and Safety at Work Act 1974. UK Government Legislation.
Employment Rights Act 2023 (flexible working provisions). UK Government Legislation.
Employment Rights Act 2025. UK Government Legislation.
ACAS. (2025). Menopause at work: guidance for employers and employees. acas.org.uk
Equality and Human Rights Commission. (2024). Guidance on the Equality Act and the menopause. equalityhumanrights.com
Rooney v Leicester City Council - Employment Appeal Tribunal (2022); Employment Tribunal (2023). Supported by the EHRC.
Lynskey v Direct Line Insurance Services - Employment Tribunal (2022–2023). Compensation awarded: £64,645.
Thomas v Bibimoney Global - Employment Tribunal. Age and sex discrimination; menopause comment.
Best v Embark on Raw Ltd - Employment Tribunal. Harassment; menopause-related comments by colleague.
Nockolds Solicitors / HRreview. (2025). Employment tribunal cases citing menopause more than trebled since 2022. hrreview.co.uk
CIPD. (2023). Menopause in the workplace: employee experiences in 2023. Chartered Institute of Personnel and Development.
UK Government. (2024). Menopause in the Workplace Literature Review.
Fawcett Society. (2022). Menopause and the Workplace.
UK Government / ACAS. (2026). Employment Rights Act 2025: timeline and implementation guidance. acas.org.uk/employment-rights-act-2025
