Menopause Policy (UK)

A Menopause Policy in the United Kingdom sets out the standards, responsibilities, and procedures the organisation expects everyone to follow, and is shaped by the Equality Act 2010.

The legal framework that makes a Menopause Policy important for UK employers combines three distinct statutory regimes. First, the Equality Act 2010 protects employees from less favourable treatment connected with the protected characteristics of sex (menopause is a condition experienced predominantly — though not exclusively — by women), age (the typical onset age engages the age protected characteristic), and disability (where symptoms are severe enough to constitute a disability under section 6 of the Equality Act 2010). The Employment Appeal Tribunal confirmed in Rooney v Leicester City Council [2021] UKEAT 0056/20 that severe menopausal symptoms — including depression, anxiety, and cognitive difficulties — can constitute a disability where they have a substantial and long-term adverse effect on the employee's ability to carry out normal day-to-day activities.

Second, the Health and Safety at Work etc. Act 1974 requires employers to confirm, so far as is reasonably practicable, the health, safety, and welfare of all employees. The Management of Health and Safety at Work Regulations 1999 require employers to carry out suitable and sufficient risk assessments covering all workplace risks, including those that may exacerbate menopause symptoms — such as hot working environments, lack of ventilation, unsuitable uniforms, or inadequate toilet access. Failure to assess and address these risks can constitute a breach of health and safety law.

Third, ACAS published updated guidance on menopause at work in 2023 recommending that all employers develop a menopause policy and train managers. The ACAS guidance is not legally binding, but Employment Tribunals take a dim view of employers who ignore it: an employer who dismisses or disciplines a worker for poor performance or attendance without investigating whether menopause symptoms are a contributing factor risks a claim for disability discrimination, sex discrimination, or age discrimination under the Equality Act 2010.

The Women and Equalities Committee's 2022 report on menopause and the workplace recommended that the government introduce mandatory menopause policies for employers with 250 or more employees. Although mandatory requirements have not yet been legislated, the Equality and Human Rights Commission (EHRC) has published a menopause in the workplace employer guide reinforcing the obligations under existing law. With approximately 1 in 10 women leaving the workforce as a result of menopause symptoms according to CIPD research, a written policy also has a measurable business case in retaining experienced workers.

A UK Menopause Policy is needed by any employer in England, Scotland, or Wales who employs staff — particularly those with employees in the 45–55 age group — and who wants to meet their obligations under the Equality Act 2010, the Health and Safety at Work etc. Act 1974, and ACAS guidance.

A Menopause Policy is particularly needed when an employer has received a complaint or grievance from an employee alleging that their menopause symptoms have not been taken seriously or that they have been treated less favourably as a result. Without a written policy, the employer has no documented framework to point to and faces greater exposure in any Employment Tribunal proceedings.

Employers in sectors with physical working environments — manufacturing, healthcare, retail, hospitality, and construction — need a Menopause Policy that specifically addresses the workplace adjustments relevant to those environments: access to cool areas, flexibility in wearing personal protective equipment (PPE) that may retain heat, access to toilet facilities, and the ability to take additional breaks. The Management of Health and Safety at Work Regulations 1999 require that these specific risks are assessed.

Public sector employers and large employers in the private sector with 250 or more employees face particular scrutiny from the EHRC and Employment Tribunals. A written Menopause Policy is an important element of the employer's equality and diversity framework and supports compliance with the public sector equality duty under section 149 of the Equality Act 2010, which requires public bodies to have due regard to the need to eliminate discrimination and advance equality of opportunity.

Any employer who has applied performance management, capability procedures, or attendance management to an employee without first investigating whether menopause symptoms are contributing to the performance or attendance issues needs a Menopause Policy to prevent a recurrence. The Employment Tribunal in A v Bonmarché Ltd [2019] found that dismissing an older female employee whose managers had made dismissive comments about menopause without investigating the underlying health issues amounted to sex and age discrimination.

Employers who are updating their employee handbook or standard HR policies — for example, on the occasion of a staff handbook review, a change in management, or a new HR system implementation — should include a Menopause Policy as a matter of course alongside their existing policies on disability, flexible working, and wellbeing.

A well-drafted UK Menopause Policy must be specific, actionable, and aligned with the Equality Act 2010, the Health and Safety at Work etc. Act 1974, and ACAS guidance on menopause at work.

The scope and purpose section explains who the policy applies to (all employees, workers, and contractors of the organisation), defines what is meant by menopause, perimenopause, and post-menopause for the purposes of the policy, and states the employer's commitment to creating an inclusive and supportive workplace in accordance with the Equality Act 2010.

The legal framework section sets out the relevant legal obligations: the employer's duty to make reasonable adjustments for employees whose menopause symptoms constitute a disability under section 6 of the Equality Act 2010; the employer's duty to carry out a risk assessment under the Management of Health and Safety at Work Regulations 1999 covering menopause-related workplace risks; and the employer's vicarious liability under section 109 of the Equality Act 2010 for harassment of employees by their colleagues or managers that is related to a protected characteristic.

The common symptoms and workplace impact section describes the range of physical and psychological symptoms that can affect employees — including hot flushes, night sweats, difficulty sleeping, anxiety, depression, cognitive difficulties, joint pain, and irregular periods — and explains how these can affect attendance, concentration, and physical comfort at work. This section sets the context for managers who may not be familiar with the range of symptoms and their workplace impact.

The workplace adjustments section sets out the types of reasonable adjustments the employer will consider, aligned with the duty under section 21 of the Equality Act 2010. Adjustments include flexible working arrangements (adjusted hours, remote working, compressed weeks), workspace adjustments (providing a desk fan, access to cold drinking water, office temperature management), uniform and dress code modifications (permitting cooler clothing or natural fabrics), toilet and welfare facility access, and attendance management adjustments (applying discretion to menopause-related absences rather than standard trigger points).

The health and safety risk assessment section explains that the employer will carry out a specific workplace risk assessment covering menopause-related risks as required by the Management of Health and Safety at Work Regulations 1999 and will review and update that assessment as the employee's circumstances change. The section should confirm who is responsible for carrying out the risk assessment (typically the line manager with HR support).

The support and disclosure section sets out how an employee can disclose menopause symptoms and request support: by speaking to their line manager, HR, or a designated menopause champion, if appointed. The section confirms that all disclosures will be treated in strict confidence and that health information is special category personal data under Article 9 of the UK GDPR, requiring it to be handled in accordance with the employer's Data Protection Policy.

The manager responsibilities and training section sets out what is expected of managers: to have sensitive, non-judgmental wellbeing conversations with affected employees; to refer employees to HR or occupational health where appropriate; to document agreed adjustments and review them; and not to disclose an employee's menopause status to colleagues without consent. Managers should receive training aligned with the ACAS guidance on menopause at work.

The grievance and reporting procedure section explains how employees can raise concerns if they feel they have not been supported appropriately, directing them to the employer's standard grievance procedure under the ACAS Code of Practice on Disciplinary and Grievance Procedures.

The policy review clause commits the employer to reviewing the policy at specified intervals (typically every two years) and following any significant change in legislation or ACAS guidance. The forms-legal.com Menopause Policy (UK) template covers the mandatory elements under Equality Act 2010.