Legal protections

The Equality Act 2010, in one paragraph

The Equality Act 2010 protects people from discrimination in the workplace and in services. It has nine protected characteristics. Menopause itself is not one of them. But menopause symptoms can be protected under three of them: sex, age, and disability. Tribunals have, increasingly, sided with women whose symptoms were ignored or used against them.

Translation: the law is on your side, more than the conversation in HR may suggest.

If you Google it and the answers are vague, that is because the law is being shaped right now, by women like you who pushed back. You are part of the next paragraph.

What can count as discrimination

• Being dismissed, demoted, or sidelined because of menopause-related performance issues.
• Being subjected to comments, jokes, or assumptions about your menopause status.
• Being denied reasonable adjustments without a proper business reason.
• Being treated worse for menopause-related sick leave than someone with another health issue.
• Being told you are “past it,” “at that age,” or any variation, in a professional context.
• Being excluded from meetings, promotion conversations, or training because of your symptoms.

Disability under the Equality Act

A condition counts as a disability under the Equality Act if it has a substantial and long-term effect on your ability to do normal day-to-day activities. “Long-term” means lasting, or likely to last, at least 12 months.

Severe menopause symptoms (brain fog, exhaustion, severe anxiety, severe pain) can meet this threshold. Several tribunals have agreed.

You do not need a doctor to formally label you disabled for the Act to apply. You need symptoms that meet the threshold.

If your employer treats you worse because of those symptoms, or fails to make reasonable adjustments, that can be disability discrimination.

What to do if something has happened

• Write it down as soon as you can. Date, time, what was said, who was there, who else heard it.
• Save emails, messages, anything in writing.
• Raise it informally first, in writing if you can, with your manager.
• If that doesn’t work, raise a formal grievance, also in writing.
• Keep copies of everything you send and receive.
• Contact ACAS, 0300 123 1100 for free advice. They are kind and they don’t push you towards a particular action.
• If you are in a union, use them.
• Don’t resign in a fury. You may have rights that are easier to claim while still employed.
• If you might take a case to a tribunal, the time limits are tight (often 3 months less one day). Get advice early.

Plain truths you may not know

• You don’t need a formal diagnosis to claim discrimination.
• You don’t need to be at the “official” age for menopause to be protected (perimenopause counts, and starts in your late 30s for some women).
• You don’t need to wait until something terrible has happened. Asking for adjustments is using the law, not threatening anyone with it.
• Tribunals can order compensation, including for hurt feelings, lost earnings, and reinstatement.
• Most workplace claims settle before they ever reach a tribunal. The threat of one is sometimes enough.

If you can’t afford a lawyer

Most employment lawyers offer a free initial conversation. Use them. They will tell you if you have a case.

Many take cases on a no-win-no-fee basis if your case looks strong.

If you can’t afford even that: Citizens Advice, your union, Working Families, and Maternity Action (despite the name, they help with broader women’s workplace issues).

Your employer’s legal team is paid for. You don’t have to face it alone.

What is changing

Menopause workplace cases at tribunal have risen sharply in recent years. Employers are starting to take it seriously, partly out of fear, partly because the next generation of women are not putting up with what their mothers put up with.

Some workplaces are introducing formal menopause policies, training for managers, and adjustments by default. Ask whether yours has one. If not, ask whether they will consider one.

Your mothers put up with this in silence. You do not have to. This is one of the places where your generation gets to write the rule.

Resources

• ACAS, 0300 123 1100, free workplace advice.
• Citizens Advice, free general advice.
• Working Families, legal helpline for working parents and carers.
• Maternity Action, free workplace and rights advice for women.
• Menopause Mandate, advocacy and policy resources.
• Your union, if you have one. Use them.