Sarah had chaired meetings like this for years. She’s experienced, organised, and well-respected, the sort of person colleagues relied on – a senior professional who knows the work inside out and rarely loses control of a room. However, halfway through explaining a point in this meeting, she stopped.
Not because she didn’t understand the material, but because the sentence she was about to say completely disappeared. Sarah paused, restarted, then lost her thread again and moved on quickly. The meeting continued, but she barely took any of it in. Afterwards she replayed the moment repeatedly.
Had it been obvious? Did it look unprofessional? Then, later that afternoon, a routine task suddenly felt overwhelming. Her heart raced at her desk for no clear reason. That evening she was exhausted, yet at 3am she was awake, mentally rehearsing conversations that would never normally worry her.
She assumed it was stress, or workload, or perhaps she was simply losing confidence. But it was none of these things.
For many women in their late 40s and 50s, experiences like Sarah’s are not burnout or lack of capability, it’s the menopause.
Menopause and perimenopause increasingly seen as a workplace issue
Menopause and perimenopause are increasingly being recognised as workplace issues, not just medical ones, because symptoms often affect concentration, confidence, stress and mental health, the very capabilities many workplaces measure as “performance”.
The NHS lists common mental health symptoms as:
- low mood
- anxiety
- mood swings
- low self‑esteem
- memory/concentration problems (“brain fog”)
UK evidence shows the issue is widespread and often hidden. In a January 2026 survey (2,000 women over 50), 64% said they had struggled with their mental wellbeing since reaching midlife and 87% said they had kept these difficulties hidden.
Workforce demographics make this structurally important for employers. ONS time series data shows that in 2025, the employment rate for UK women aged 50-64 was 68.1%, and for women aged 35-49 it was 81.5%, meaning large numbers of women are working through perimenopause/menopause years.
The Department for Work and Pensions (DWP) literature review notes around 4.6 million economically active women aged 50-64 in the year to 2024.
Legally, there is no standalone “menopause law”, but menopause-related treatment can trigger liability under the Equality Act 2010 (disability discrimination, harassment, victimisation; also sex/age discrimination) and under health and safety duties.
Tribunal decisions show menopause/perimenopause can meet the disability definition in some cases (and fail in others), making evidence and process decisive.
Key recent decisions include:
- Rooney v Leicester City Council (EAT, 7 Oct 2021) (tribunal’s disability analysis/strike‑out approach criticised; remitted)
- Davies v Scottish Courts and Tribunals Service (ET, 9 May 2018) (claims upheld including disability discrimination and unfair dismissal)
- Johnson v Bronzeshield Lifting Ltd (ET, reasons 29 Feb 2024) (direct disability discrimination and constructive unfair dismissal)
- Scott v RSA (ET, July 2024) (not disabled on evidence; time‑limit issues).
The part nobody talks about at work
Yet, despite all this, workplaces still tend to frame menopause through the most visible symptoms – hot flushes and disrupted sleep. But what employers (and often employees themselves) underestimate is how frequently the difficult symptoms are the ones a workplace often penalises: concentration problems, anxiety, memory lapses, reduced confidence.
Clinical and UK healthcare guidance commonly cites that around 75% of menopausal women experience symptoms and around 25% experience severe symptoms, often affecting family and work lives, and it notes that low mood, anxiety and impaired concentration can be among the most impactful.
This matters because menopause often intersects with the part of a woman’s career that is most demanding.
The Equality and Human Rights Commission (EHRC) summarises research showing that workplace impact is not marginal: a CIPD‑cited finding reported by EHRC says two thirds (67%) of working women aged 40 – 60 with menopausal symptoms reported a mostly negative impact at work; among those negatively affected, 79% said they were less able to concentrate and 68% reported more stress.
When these symptoms are invisible, they are easily misread as “performance issues”:
- a previously decisive manager becomes hesitant
- a high performer makes small errors
- someone avoids presentations they once handled
- patience thins and emotional resilience drops
A workplace can be quick to create a story – “she’s struggling,” “she’s unreliable,” “she’s changed” – without understanding the health context.
The mental health dimension: why so many women say nothing
The professionals who need support most often wait longest to ask for it because disclosure can feel reputationally risky.
The evidence base is increasingly consistent: midlife can be a convergence point where menopause intersects with caring responsibilities, bereavement, financial pressure, relationship change, and career transitions.
In a January 2026 survey reported by BACP, 64% of women over 50 said they had struggled with their mental wellbeing since reaching midlife, while 87% said they kept these difficulties hidden; 46% avoided seeking support because they did not want to burden others.
At a clinical research level, the association between perimenopause and depression risk is also well‑documented. A 2024 systematic review and meta‑analysis (9,141 participants) found perimenopausal women had a significantly higher risk of depressive symptoms/diagnoses than premenopausal women (OR 1.40).
So, when employers see absenteeism, lower engagement, emotional volatility, or reduced confidence, it can be a mistake to reach immediately for a disciplinary or capability process. The more accurate first question is often: what is driving the change, and what support is required?
Why menopause is becoming an employment law issue
There is no single statutory label “menopause discrimination”. But the legal exposure is very real because menopause‑related treatment routes into established frameworks.
- Disability discrimination (Equality Act 2010)
A person is disabled if they have a physical or mental impairment that has a substantial and long‑term adverse effect on normal day‑to‑day activities. Where the disability definition is met, employers have duties including the duty to make reasonable adjustments. - Sex and age discrimination, harassment, victimisation (Equality Act 2010)
Workers are protected against harassment and victimisation connected to protected characteristics, and menopause‑related treatment may engage sex and/or age depending on the facts. - Health & safety and duty of care
Employers must ensure, so far as reasonably practicable, employees’ health, safety and welfare at work. This is particularly relevant where symptoms are known, stress is escalating, and the organisation is on notice.
Acas guidance emphasises that systems and support, paired with regular conversations, can resolve issues early and reduce the likelihood of legal escalation.
Governance and reforms: the direction of travel (2022–2026)
Policy attention has intensified.
- The House of Commons Women and Equalities Committee report (July 2022) framed menopause as fundamentally an equality and workplace issue and called for consultation on menopause as a protected characteristic, highlighting employer awareness gaps.
- The UK Government’s response (January 2023) acknowledged the issue’s significance, referenced women’s health strategy work, and situated menopause within existing Equality Act protections (sex/age/disability).
- The EHRC published menopause workplace guidance for employers in February 2024 and updated it in August 2025, setting out legal obligations and practical steps.
- DWP published a UK‑focused evidence review in July 2025, noting uneven employer support and limited high‑quality evidence on interventions, while also estimating possible economic costs (with caveats).
- Under the Employment Rights Act 2025, Acas states that menopause and gender pay gap action plans will be voluntary from 6 April 2026 and become mandatory sometime in 2027.
Why this matters now: scale, risk, and organisational cost
Workplaces are ageing, and large numbers of women are working through the relevant years. Menopause “normally affects women between 45 and 55” and average onset is around 51, as summarised in the DWP review drawing on NHS sources.
At the same time, Britain is losing millions of working days to work‑related ill health. HSE reports 964,000 workers with work‑related stress, depression or anxiety in 2024/25, and 40.1 million working days lost due to work‑related illness and workplace injury overall; stress/depression/anxiety accounted for 22.1 million days lost.
Disputes are also rising, and delays increase costs. Ministry of Justice tribunal statistics show Employment Tribunal receipts and open caseloads have increased; for July-September 2025, single Employment Tribunal receipts were up 33% year‑on‑year while disposals fell 10%, contributing to open caseload growth.
Quantified legal risk: what claims can cost
Where menopause issues become legal claims, compensation exposure is driven by the route:
- Discrimination: compensation is not capped the way unfair dismissal is. Awards often include financial loss plus injury to feelings. Injury‑to‑feelings is guided by the Vento bands (from 6 April 2025: £1,200 – £12,100; £12,100 – £36,400; £36,400 – £60,700; exceptional above).
- Unfair dismissal/constructive dismissal: the maximum compensatory award is £118,223 (from 6 April 2025), subject to statutory rules; the “week’s pay” cap used in some calculations is £719. As of April 2025, the maximum basic award payment that can be received is £21,570 based on the maximum weekly gross salary of £719.
What drives costs in practice is rarely the event alone; it is the process: whether the employer explored adjustments, documented decisions, trained managers, and treated a health issue as a health issue.
Best practice is consistent across EHRC/Acas: early conversations, individualised adjustments, manager training, and documented follow‑through. Done early, you often prevent disputes; done late, you manage claims.
What employers should be doing now
A menopause policy helps, but tribunals look for conduct, not paperwork. EHRC’s guidance explicitly links menopause to equality obligations and workplace risk assessment under health and safety legislation. However, a menopause policy in itself is ineffective if there is no change in workplace culture.
At minimum, employers should be able to show:
- the organisation recognises menopause/perimenopause and its potential impact
- managers know how to have sensitive conversations
- adjustments are considered (and reviewed)
- sickness/performance processes do not operate rigidly where menopause/disability may be relevant
- HR records decisions and rationales
Acas is clear that regular conversations and listening can resolve issues early and reduce legal escalation.
What employees should know
If menopause symptoms are affecting work, silence usually increases risk. Time limits matter, and evidence matters.
Acas explains that in most cases you have 3 months minus 1 day from the date the problem happened to bring a tribunal claim, and you must notify Acas in time for Early Conciliation (which is usually a required step).
Equally, your employer is not entitled to treat menopause as “irrelevant” if symptoms are materially affecting work – particularly where disability criteria or harassment/victimisation risks may be in play.
At Magara Law, we see the same pattern: the cases that escalate are often the ones where a woman tried to “just get on with it” until performance management began, by which point trust is already strained.
Early advice changes outcomes because it changes decisions while there is still room to move.
Practical toolkit
Three manager scripts
- Opening a safe conversation (without forcing detail)
“Thank you for telling me. You don’t need to share anything you’re uncomfortable with. My focus is what’s affecting work right now and what adjustments might help. What’s the hardest part day‑to‑day?” - Linking support to process (so it’s not vague)
“Would you like an occupational health (OH) referral? That would help us agree a clear adjustments plan, document it properly, and set review dates – so you’re not carrying this alone.” - Preventing ‘process harm’ in absence/performance management
“I want to make sure our absence and performance processes don’t disadvantage you if symptoms are driving what we’re seeing. Let’s pause escalation while we review adjustments and get proper medical/OH input.”
Six-point checklist employers can implement immediately
- Train line managers on menopause/perimenopause symptoms (including mental health/brain fog) and how to respond.
- Build an adjustments pathway: disclosure → OH (if helpful) → written adjustments plan → review date.
- Record menopause‑related absence appropriately and avoid rigid triggers where disability may be engaged; the NHS has produced practical guidance on menopause support and recording absence in NHS settings.
- Stress-test capability and disciplinary processes: ensure health context is built in before decisions harden.
- Run workplace risk assessments that include temperature, uniforms/dress codes, workload and psychosocial stressors.
- Prepare for action-plan expectations: Acas indicates menopause action plans become voluntary from 6 April 2026 and mandatory later.
Call on Magara Law for support: whether you’re an employer or employee
If you are an employer trying to manage performance, absence, grievances or interpersonal conflict that may have menopause at its root, or if you are an employee worried you are being judged, sidelined, or pushed into capability because symptoms are affecting work, take advice early.
At Magara Law, we advise both employers and employees on:
- menopause-related discrimination risk and reasonable adjustments
- handling grievances and investigations lawfully
- stress‑related absence and capability processes
- exit strategy where trust has broken down
For confidential support, call 01869 325 883 or email hello@magaralaw.co.uk