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Why employers must prepare menopause support ahead of the Employment Rights Bill

Employment tribunal claims related to menopause are rising and with this comes a greater need for awareness and legal accountability.

The new Employment Rights Bill is set to require employers with more than 250 staff to publish a menopause action plan by 2027 and voluntary compliance is encouraged by April 2026.

With recent Equality and Human Rights Commission (EHRC) guidance confirming that persistent menopause symptoms may constitute a disability, employers must prepare compliant policies ahead of time.

How does menopause affect the workplace?

Under the Equality Act 2010, menopause symptoms may amount to a disability and this means that workers are protected from discrimination, harassment and victimisation.

Menopause and perimenopause can cause a wide range of physical and mental symptoms, including fatigue, brain fog, anxiety, temperature sensitivity and sleep disturbance.

Research by the Chartered Institute of Personnel and Development found that 67 per cent of working women between the ages of 40 and 60 were negatively impacted by menopausal symptoms in the workplace.

With one in ten leaving their jobs entirely due to menopausal symptoms, employers could potentially lose skilled and experienced staff if the right procedures and care are not put in place.

With the right legal guidance, employers can create a compliant process that protects their employees and operations.

How can menopause constitute a disability?

Menopause symptoms can have substantial or long-term effects on an employee’s ability to work, meaning employers must consider reasonable adjustments and support options.

Failing to do so carries legal risk and with tribunal claims increasing, more employers are being held accountable.

The new Employment Rights Bill is set to become law soon and places menopause support as a legal obligation for employers.

Under the new framework, employers must ensure they have a gender equality action plan that supports those in menopause and is implemented across the company.

With the Bill fast approaching, employers must seek legal support if they are unsure on how to support employees affected by menopause.

How can employers prepare a plan?

A crucial first step for employers is to ensure they have an up-to-date menopause policy that clearly explains what support is available, how employees can request it and how your company upholds this.

A well-drafted policy shows that your business is taking menopause seriously and you are prepared for the upcoming obligations under the Employment Rights Bill.

However, a policy is only effective if managers and HR teams are confident in applying it and for this, training should be required.

Employers should ensure their staff are informed about the common symptoms and feel prepared to hold these often-sensitive conversations.

Incorporating menopause awareness into wider equality and diversity training also helps create open conversation.

Menopause affects everyone differently and employers should be prepared to consider practical adjustments such as flexible hours, hybrid working, temperature control and quiet workspaces.

Employers should create a culture where conversations around menopause are not met with stigma or discomfort.

When employees feel safe to speak openly, they may raise concerns earlier, which can reduce the risk of performance issues or formal disputes.

With the right legal guidance on creating these policies and procedures, employers are better positioned to meet the upcoming obligations and retain talented staff.

Why does the right support matter?

Menopause support does not happen overnight, but employers should take proactive steps to improve their staff’s understanding of menopause and create open communication in the workplace.

Acting now can help avoid tribunal claims and improve the retention and wellbeing of your employees during this challenging time.

Our expert team can help you create clear policies and assess any potential risks ahead of the Employment Rights Bill’s implementation.

For guidance on preparing your menopause action plan and meeting your legal obligations, speak to our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.