Is menopause a protected characteristic? No. The Equality Act 2010 lists nine protected characteristics, and menopause is not one of them — the government rejected a recommendation to consult on adding it in January 2023, and nothing has changed since. But that does not leave menopausal workers unprotected. Treating someone unfavourably because of menopause symptoms can amount to sex, age or disability discrimination, and where symptoms are severe and long-lasting enough to count as a disability, the employer has a legal duty to make reasonable adjustments. Health and safety law adds a duty to assess risks, and large employers are being asked to publish menopause action plans, which the government says will become mandatory from 2027.
At a glance: Nexis CPD’s £9 Menopause Awareness in the Workplace course covers what menopause and perimenopause are, how symptoms can affect working life, treatment and support at work, employer responsibilities under the Equality Act 2010 and health and safety law, and how to create a menopause-friendly workplace. It is CPD accredited and 100% online with a verifiable e-certificate, and any three courses cost £18. It is awareness training for staff and managers; it does not give medical advice and does not replace legal advice on individual employment cases.
Is menopause a protected characteristic under the Equality Act 2010?
No. Section 4 of the Equality Act 2010 lists the protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Menopause is not on the list.
That was considered and rejected. In 2022 the House of Commons Women and Equalities Committee published a report on menopause and the workplace that recommended, among other things, consulting on making menopause a protected characteristic. In its response in January 2023, the government declined. It said it agreed women with substantial and longer-term menopausal effects should be protected, but was not satisfied the evidence supported new legislation, in particular introducing menopause as a new protected characteristic.
The Employment Rights Act 2025 did not change this either. What it introduced instead — action plans for large employers — is covered below. So the accurate answer is that menopause is protected indirectly, through other characteristics, rather than in its own right.
How does the law protect people going through menopause?
Through the characteristics that already exist. Acas’s guidance on menopause and the law puts it this way: if a worker is put at a disadvantage or treated less favourably because of their menopause symptoms, “this could be discriminatory if connected to a protected characteristic.” The ones most often relevant are:
- Sex. Menopause affects women and others who have periods. Treating someone badly because of menopause symptoms — or applying a policy that disadvantages them — can be direct or indirect sex discrimination.
- Age. The NHS says menopause “usually affects women between 45 and 55 but it can happen earlier.” Less favourable treatment linked to menopause can therefore also be age discrimination.
- Disability. Where symptoms have a substantial and long-term adverse effect on day-to-day activities, the person may be disabled under the Act — which brings the duty to make reasonable adjustments (see below).
- Gender reassignment. Acas notes that trans and non-binary people may experience menopause, and that the gender reassignment characteristic may be relevant.
One gap is worth knowing about. The Equality Act contains a provision on “combined discrimination” — less favourable treatment because of a combination of two characteristics, such as age and sex together. But section 14 is marked “Prospective” on legislation.gov.uk: it has never been brought into force. A claim has to be framed under each characteristic separately.
The Equality Act 2010 applies in England, Scotland and Wales. Northern Ireland has its own equality legislation.
Can menopause count as a disability?
Yes, in some cases. Section 6 of the Equality Act says a person has a disability if they have “a physical or mental impairment” and the impairment has “a substantial and long-term adverse effect” on their ability to carry out normal day-to-day activities. Schedule 1 says an effect is long-term if it has lasted, or is likely to last, at least 12 months — and that an effect which stops but is likely to recur is treated as continuing.
Menopause itself is a natural life stage, not an impairment. But the symptoms can be. The NHS lists symptoms including hot flushes and night sweats, sleep problems, mood changes, low mood, problems with memory or concentration, palpitations, headaches and joint pain, and says symptoms “usually last for 7 to 9 years, sometimes longer”. Symptoms of that duration and severity can meet the long-term test.
The Employment Appeal Tribunal considered this in Rooney v Leicester City Council (October 2021). An employment tribunal had decided that a worker whose claim relied on menopausal symptoms was not disabled. The EAT held that the tribunal had erred in law in reaching that conclusion and sent the case back to be decided again. The case does not mean every menopausal worker is disabled; it means tribunals must properly assess the actual effect of the symptoms on the individual.
The Equality and Human Rights Commission reinforced the point in its guidance on menopause in the workplace, published in February 2024, which explains that where symptoms amount to a disability, employers are legally obliged to make reasonable adjustments.
For employers, the practical lesson is simple: don’t try to decide whether someone is “disabled enough”. Focus on what support would help. Adjustments that work are good practice whether or not the legal threshold is met, and they reduce the risk of getting the legal question wrong.
What reasonable adjustments can employers make for menopause?
Adjustments should be agreed with the individual, because symptoms and their effect on work vary widely. Acas’s guidance on supporting staff through the menopause and the EHRC’s guidance point to adjustments such as:
- Temperature and ventilation — a desk near a window that opens, a desk fan, control over heating, or a cooler workstation.
- Uniform — lighter or breathable fabrics, spare uniform, or relaxing uniform rules.
- Breaks and facilities — easier access to toilets, cold drinking water, and a quiet place to rest.
- Flexibility — changes to start and finish times, working from home, or temporary changes to shifts, particularly where sleep is disrupted.
- Workload and tasks — temporarily adjusting duties, deadlines or high-pressure tasks.
- Absence recording — Acas gives the example of “agreeing to record absence because of menopause separately from other sickness absence”, so that menopause-related absence does not automatically trigger sickness procedures.
Acas also highlights that some jobs make symptoms harder to manage — for example long shifts, roles where people cannot take regular toilet breaks, uniforms that cause discomfort, and jobs with little flexibility. Those are the roles where early conversations and planned adjustments make most difference.
Do employers have to do a menopause risk assessment?
Employers must assess risks to the health and safety of all their workers under regulation 3 of the Management of Health and Safety at Work Regulations 1999, and the general duty under the Health and Safety at Work etc. Act 1974 covers everyone. There is no separate “menopause risk assessment” in law, but Acas says that “for menopause, a risk assessment is about making sure symptoms are not made worse” by the workplace or ways of working. It suggests considering:
- the temperature and ventilation of the workplace;
- the material and fit of any uniform;
- whether there is somewhere suitable to rest, such as a quiet room;
- whether toilet facilities are easily accessible;
- whether cold drinking water is available;
- whether managers and supervisors have been trained on health and safety issues relating to menopause.
Temperature is a common flashpoint. There is no legal maximum working temperature in the UK, but the Workplace (Health, Safety and Welfare) Regulations 1992 require a “reasonable” temperature indoors — the guide to maximum working temperature explains what that means and how thermal comfort is assessed. For someone experiencing hot flushes, what is reasonable for the room may not be comfortable for them, which is exactly why local controls such as fans and seating choice matter.
Is there a legal right to menopause leave?
No. There is no statutory right to menopause leave in the UK. Some employers offer it as a contractual or policy benefit, but it is a choice, not a legal requirement. Menopause-related absence is otherwise handled as sickness absence — and that is where care is needed. Applying absence triggers rigidly to absences caused by menopause symptoms, without considering adjustments, is one of the more common routes into a discrimination claim, particularly if the symptoms amount to a disability.
Can someone ask for flexible working because of menopause?
Yes. All employees have a legal right to request flexible working, and according to GOV.UK they can make the request from their first day in a job. Requests can cover the number of hours, start and finish times, the days worked, and where the person works. Employees can make two statutory requests in any 12-month period.
The employer must deal with the request “in a reasonable manner”, must discuss it with the employee before refusing, and must make a decision within two months unless a longer period is agreed. It can refuse only for a good business reason. Where menopause symptoms amount to a disability, flexible working may also be a reasonable adjustment in its own right, which is a stronger duty than simply considering a request. The flexible working rules are different in Northern Ireland.
Can comments about menopause be harassment?
Yes. Acas says “unwanted behaviour about someone’s menopause symptoms could count as harassment or sexual harassment depending on the nature of the behaviour.” Jokes about hot flushes, mocking comments about mood or memory, or remarks about someone’s age in connection with menopause can all create the kind of intimidating, hostile, degrading, humiliating or offensive environment the Equality Act prohibits.
Employers can be liable for harassment by their staff unless they have taken all reasonable steps to prevent it, and since October 2024 they have also had a positive duty to take reasonable steps to prevent sexual harassment of their workers. The guide to sexual harassment in the workplace explains that duty in detail. A clear policy, trained managers and a culture where “banter” about menopause is challenged are the practical defences.
What are menopause action plans?
They are part of the gender pay gap reporting system for employers with 250 or more employees. The government’s guidance on creating an action plan says these employers “have the option to produce and publish a voluntary action plan alongside their gender pay gap data” and that, “subject to legislation, these will become mandatory from spring 2027.”
For the 2026 to 2027 reporting year, voluntary plans can be published by 30 March 2027 for most public authority employers, or 4 April 2027 for private, voluntary and other public authority employers. Each plan must include at least one action on the gender pay gap and at least one action that supports employees experiencing menopause — which the guidance defines as covering “both perimenopause and postmenopause”. The government has published a list of recommended actions to choose from, including reviewing policies and offering workplace adjustments.
Acas confirms that publishing an action plan will become mandatory for employers with 250 or more workers in 2027, under the Employment Rights Act 2025. Smaller employers are not required to publish a plan, but the underlying Equality Act and health and safety duties apply to them in full.
What should a menopause policy include?
No law requires a standalone menopause policy, but Acas describes having one as “a good idea”, and it is the easiest way to show staff what support exists. Acas suggests a policy can help everyone understand what menopause is, how it affects people differently and what support is available. A practical policy usually covers:
- what menopause and perimenopause are, and that they can affect people of different ages and genders;
- how to raise the subject, and with whom — line manager, HR, a named contact or occupational health;
- the adjustments that are commonly available, and how they are agreed and reviewed;
- how menopause-related absence is recorded and managed;
- training for managers, supervisors and team leaders;
- a commitment to confidentiality, and to challenging harassment.
Acas also recommends reviewing existing policies — health and safety, wellbeing, diversity and inclusion, flexible working, absence management and sickness reporting — to make sure they work for people experiencing menopause. The guide to equality, diversity and inclusion covers how these policies fit together.
How should a manager talk to an employee about menopause?
Privately, early and without assumptions. Acas says employers should have “early and regular follow-up conversations with workers to understand their needs”, and that trained managers help workers feel confident to speak up. Good conversations tend to share a few features:
- they happen somewhere private, at a time that suits the employee;
- the manager listens more than they talk, and does not diagnose or guess;
- the focus is on what would help at work, not on medical details the employee doesn’t want to share;
- any agreed adjustments are written down and reviewed;
- the employee knows where else to go — HR, occupational health, an employee assistance programme, or their GP for medical advice.
Not everyone wants to talk to their line manager about menopause. Offering an alternative contact is a simple, low-cost way to make support accessible. And symptoms such as anxiety, low mood and poor concentration can overlap with work-related stress, so managers who understand both are better placed to help.
Which courses support a menopause-friendly workplace?
Three £9 courses fit together well, each with a verifiable certificate for training records:
- Menopause Awareness in the Workplace — menopause and perimenopause, the impact on work, support and adjustments, the law, and creating a menopause-friendly workplace.
- Equality Diversity and Inclusion Awareness — the Equality Act 2010, protected characteristics, types of discrimination and inclusive practice.
- Mental Health Awareness for Managers — because low mood, anxiety and stress often overlap with menopause, and managers are usually the first point of contact.
For teams where heat is the main issue, Managing Temperature in the Workplace is a useful alternative to the third course. Any three courses cost £18 because any three trigger the pay-for-2-get-3 offer. Add them to the cart and the discount applies automatically.
Frequently asked questions
Is menopause a protected characteristic in the UK?
No. Menopause is not one of the nine protected characteristics in the Equality Act 2010, and the government declined in January 2023 to consult on adding it. People experiencing menopause are protected through other characteristics, mainly sex, age and disability.
Can you be sacked for menopause symptoms?
Dismissing or disciplining someone because of menopause symptoms can amount to sex, age or disability discrimination, and may also be unfair dismissal. If symptoms amount to a disability, the employer must consider reasonable adjustments before taking action over performance or absence. This is general information; individual cases need specific advice.
Is menopause classed as a disability?
Not automatically. Menopause is a natural life stage, but its symptoms can be a disability under the Equality Act 2010 if they have a substantial and long-term adverse effect on normal day-to-day activities. Long-term means lasting, or likely to last, at least 12 months. The Employment Appeal Tribunal considered this in Rooney v Leicester City Council in 2021.
Do employers have to provide menopause leave?
No. There is no statutory right to menopause leave in the UK. Some employers offer it voluntarily. Menopause-related absence is otherwise handled as sickness absence, and Acas suggests recording it separately as one possible adjustment.
Do employers have to publish a menopause action plan?
Employers with 250 or more employees can publish a voluntary action plan for the 2026 to 2027 reporting year, including at least one menopause action. Government guidance says, subject to legislation, action plans will become mandatory from spring 2027, and Acas says this is being introduced under the Employment Rights Act 2025.
Can I ask to work from home because of menopause?
Yes. Employees have a legal right to request flexible working, including where they work, from their first day in a job. The employer must deal with the request reasonably and can refuse only for a good business reason. If symptoms amount to a disability, working from home may also be a reasonable adjustment.
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This article is general information, not legal or medical advice. It describes the law in England, Scotland and Wales; Northern Ireland has separate equality and employment legislation. For advice about symptoms or treatment, speak to a GP. A Nexis CPD awareness course is CPD accredited but is not a regulated qualification and does not replace legal advice on individual employment cases. Legal references are drawn from legislation.gov.uk, GOV.UK, Acas, the EHRC, the NHS and the Employment Appeal Tribunal at the time of writing.