In recent years, the conversation around menopause in the workplace has shifted from quiet discomfort to legislative action. Under existing legal frameworks, such as the Equality Act 2010, menopause is not a standalone protected characteristic but may already intersect with age, sex, gender reassignment and disability. However, the Employment Rights Bill, currently progressing through Parliament, represents a landmark shift in workplace equality, proposing mandatory Menopause Action Plans for large employers and embedding menopause support into broader Equality Action Plans.

Protected Characteristics
Under the Equality Act 2010, there are nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sex. It is unlawful to discriminate against someone because of any of these characteristics in employment, education, and other areas of public life. Menopause is not currently a standalone protected characteristic, but those experiencing symptoms may still be protected under the Act through the existing characteristics: 

1. Age -> Since menopause typically occurs in mid-life, discrimination related to menopausal symptoms may amount to age discrimination. For example, the Employment Tribunal in Thomas v Bibimoney Global Ltd (2022) allowed the direct age discrimination and age-related harassment claim following comments from her employer that the reason for her behaviour was due to being menopausal.
2. Sex -> As menopause only affects biological females, unfavourable treatment could be considered sex discrimination. For example, the Employment Tribunal acknowledged in A v Bonmarche Ltd (2019) that comments regarding the Claimant’s menopause were clearly related to her sex and age, upholding her harassment claim. 
3. Disability -> If menopausal symptoms have a substantial and long-term impact on a person’s ability to carry out normal day-to-day activities, they may be considered a disability, requiring reasonable adjustments by the employer. For example, this may include allowing for absences due to menopausal symptoms. A notable case is that of Rooney v Leicester City Council (2023) in which the Employment Tribunal ruled that menopause symptoms can amount to a disability under the Equality Act 2010. 
4. Gender reassignment -> Trans men and non-binary people assigned female at birth may experience menopause, meaning any discrimination within the workplace due to menopausal symptoms could potentially be caught under this characteristic. 
    

Government proposals 
Whilst it seems unlikely that a new characteristic of menopause will be introduced into the Equality Act 2010, the UK’s new Employment Rights Bill aims to create change within the workplace. The Bill, currently in the House of Lords for further consideration, is likely to be passed in November, imposing voluntary compliance with the Menopause Action Plans in April 2026, followed by mandatory requirements for larger employers in 2027.

With menopause now being formally recognised as a workplace issue, the Action Plans will have to outline how the organisation supports its employees who are going through menopause, and include measures such as flexible working, awareness training and workplace adjustments. This could include allowing those who are experiencing menopausal symptoms to work from home or adjust their hours. Recent case law already highlights the justice system being alive to the fact that adjustments should be made to those employees who are experiencing menopausal symptoms, with compensation being awarded in Platukyte v Ministry of Justice (2025) after the employer removed the Claimant’s ability to work remotely, which made her severe menstrual health symptoms more difficult to manage. 

The Bill aims to make menopause a core part of gender equality efforts, marking a significant evolution and ensuring employers take legal accountability. Whilst the Action Plans aim to improve working conditions, reduce stigma, and enhance support, they also introduce new compliance challenges. Employers must allocate time and resources to develop, implement, and regularly review these plans, potentially requiring external legal or occupational health expertise. Training staff to understand menopause and its varied symptoms will be essential, not only to foster inclusivity but also to mitigate legal risks such as claims of discrimination under the Equality Act 2010. Given the diverse and often long-term nature of menopausal symptoms, employers will need to adopt a sensitive, case-by-case approach, to remain compliant and avoid tribunal claims.