Menopause is a natural change in women, which can result in a range of debilitating physical and/or
psychological symptoms such as headaches, hot flushes, fatigue, depression, sleep disruption, anxiety
and memory loss. Menopausal women are the fastest growing workforce demographic, with an
expected upward trend. A major survey conducted in 2017 by the Wales Trades Union Congress found
that 88% of women workers who had experienced menopause felt it had an effect on working life,
with around 6 in 10 reporting they had witnessed the issue being treated as a joke in the workplace.
Depending on the severity, menopause can seriously impact on the individual’s capacity to cope with
everyday activities or perform their job duties. Given that the symptoms can last up to several years,
it is vital that sufferers receive the support they need from their employers.

Currently there is no legislation that specifically addresses menopause. However, employees may have
recourse under one of the three protected characteristics of age, sex, or disability discrimination
available under the Equality Act 2010 (the Act). Unfair treatment to an employee or worker that puts
them at a disadvantage because of their sex or age could be discrimination under the Act.

In some cases, menopause could be considered a disability if severe enough and the impairments are
long–term. In the recent appeal decision of Rooney v Leicester City Council (2022), it was held that the
tribunal had wrongly decided that an employee’s alleged menopausal symptoms did not amount to a
disability for the purposes of a discrimination claim under the Act.

A government commissioned investigation was conducted by the Women and Equalities Committee,
which resulted in an independent report published in November 2021. The report contained ten
recommendations aimed at bringing about comprehensive change and support for those experiencing
menopause, in key areas of government policy, employer practice, and wider societal and financial
change. The government, officially responding in July 2022, concluded that no further changes to the
Act were needed. This decision was reached following the analysis of a string of recent cases which
showed that employees have scope within the Act to challenge discriminatory treatment for
menopause under one or more of the three protected characteristics.

Employers must also be mindful of their obligation to provide safe working conditions under the
Health and Safety Act 1974, which also applies to those suffering from menopausal symptoms. This
may be accomplished by conducting risk assessments which include specific risks to menopausal
women. Appropriate measures may include regulating the office temperature, adequate ventilation,
or offering a type of flexible work arrangement.

For employers who have not yet introduced menopause support, now may be the time. The risks are
significant, as is the danger to the employer’s reputation. An increasing number of tribunal claims are
brought, and won, on discrimination experienced due to menopause. Consideration of menopause
support is perhaps of paramount importance for employee morale and retaining key employees.