Changes to menopause in the workplace under the Employment Rights Act 2025

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06.05.26 06.05.26

Since 6 April 2026, the first phase of the Employment Rights Act 2025 has come into effect. While many provisions are being phased in over 2026–2027, one of the most significant cultural and legal shifts concerns menopause in the workplace.

For the first time, UK employment legislation explicitly recognises menopause as a workplace equality issue, linking it to gender equality, workforce retention and fair treatment at work. This represents the most substantial change in how menopause is addressed at work in decades.

Why Menopause at work now demands action

Menopausal women are the fastest growing demographic in the workplace, yet 1 in 10 leave an organisation due to unmanaged menopause symptoms and 33% of working women admit to actively hiding their menopause symptoms at work. The average age for women go to through the menopause is 51. It can be earlier than this, naturally or due to surgery or illness. Symptoms may start years before the menopause during the perimenopause phase.

How does the menopause affect women in the workplace?

It is a natural life stage, yet its symptoms can affect performance, confidence, wellbeing, and employee retention if not properly understood or supported. There are 53 recognised symptoms of menopause, many of which can directly affect day to day working life. 

Some of the most common symptoms are:

Menopause Graphic

Hot flushes involve sudden and intense waves of heat, often accompanied by sweating and flushing. These can be uncomfortable, distracting, and embarrassing, particularly in formal or client facing environments.

Night sweats can seriously disrupt sleep, resulting in fatigue, reduced concentration, lower energy levels, and slower decision making during the working day, which can negatively affect productivity and performance.

Many women experience cognitive symptoms such as difficulty concentrating, memory lapses, slower processing, and mental fatigue.

In the workplace, this may impact:

  • Confidence in meetings or presentations
  • Accuracy and efficiency in complex tasks
  • Willingness to put themselves forward for progression

Without awareness and support, these symptoms can be misinterpreted as underperformance, increasing stress and self doubt.

Fluctuating hormone levels can contribute to anxiety, low mood, irritability, or reduced resilience.
These emotional changes may affect:

  • Relationships with colleagues, clients, or managers
  • Confidence in handling challenging situations
  • Overall morale and job satisfaction

In some cases, this can lead to increased absences, disengagement, or withdrawal from the workplace, particularly where there is stigma or a lack of understanding. 

Menopause can cause a range of physical symptoms, including joint and muscle pain, headaches, dizziness, and fatigue.

These symptoms may make it harder to:

  • Sit or stand for long periods
  • Focus on tasks for extended time
  • Cope with physically demanding roles or long working hours

If unmanaged, physical discomfort can contribute to reduced productivity and increased sickness absence.


Menopause action plans – what is coming and when?

From April 2027, employers with more than 250 employees will  legally be required to publish a menopause action plan as part of their wider gender equality obligations.

While publication is not yet mandatory, the government and Acas (Advisory, Conciliation and Arbitration Service) have been clear in their expectations:

  • Employers are expected to act now, not wait until 2027.
  • Action plans should be practical and evidence based, not aspirational.
  • Employers must select at least one menopause focused action, with guidance encouraging more ambitious and sustained approaches.
  • Smaller employers are also encouraged to adopt menopause action plans on a voluntary basis.

Menopause action plans: What they are and what they are not

A menopause action plan is not just:

  • A menopause policy
  • a one off awareness session
  • a wellbeing initiative

It is a formal, documented commitment setting out how the organisation will support employees experiencing perimenopause and menopause at work. It goes beyond a standalone policy by defining clear practical measures, responsibilities, and timescales. This ensures support is consistent, visible, accountable and embedded across the organisation.

Why acting early matters

Employers who are already listening to their workforce and reviewing existing arrangements are not only prepared for mandatory reporting but also seeing clear benefits including

  • Reduced legal risk through proactive management of discrimination, health and safety and absence issues.
    Improved retention and progression of women, with higher levels of engagement and loyalty.
  • Stronger readiness for mandatory menopause-related reporting in 2027, avoiding last minute compliance pressure.

As Acas and government guidance consistently highlight, menopause is no longer viewed as a purely individual or private health matter. It is now firmly recognised as a workplace equality issue and a key component of organisational culture and good people management.

Employers that act now are therefore not only meeting emerging legal and regulatory expectations, but also demonstrating inclusive leadership and long term commitment to workforce wellbeing.

What hasn't changed? Existing legal risk still applies

Whilst menopause itself is not a protected characteristic under the Equality Act, menopause related symptoms may, in some cases amount to a disability. Individuals may also bring menopause related discrimination claims based on the protected characteristics of sex, age, and disability discrimination

This means:

  • Failures to make reasonable adjustments
  • disciplinary action linked to menopause related absence or performance or
  • dismissal or detriment linked to symptoms;

may already give rise to discrimination or unfair dismissal claims. 

Key message for employers

Menopause action plans go beyond compliance.

They are about:

  • Understanding how menopause affects employees at work
  • removing unnecessary barriers
  • creating an inclusive environment where women can continue to thrive through mid  and later career stages.

For many employers, the question is no longer whether they need to act — but how quickly and how they will do so.

Final thoughts

Whilst the official date is April 2027 for organisations with 250 employees or more to submit menopause action plans, many are ahead of the game and have also been accredited as a menopause friendly employer through Henpicked. This is something Ashfords achieved in October last year and are proud to be recognised as the eighth law firm in the UK to achieve this.  

If you need support reviewing your documents or understanding the practical effect these changes will have on your organisation, please contact our employment team.

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