The legal landscape is changing but the message is simple.

When employers think about menopause at work, it can be tempting to start with one question: what does the law say?

It is an important question. But as Heidi Cooper, employment lawyer at HCR Law, explained during our workshop with Westminster Insights, the legal landscape is not just about what the law technically requires today.

It is about the direction of travel.

Employers are increasingly expected to be proactive, not reactive. They are expected to think about menopause as a workplace issue before something goes wrong. And if they do not, that absence of thought may itself become part of the problem.

There is no standalone menopause legislation in the UK. But that does not mean employers have no legal responsibilities. Protection can arise through the Equality Act 2010, the Health and Safety at Work Act 1974 and the employer’s common law duty of care.

That is why menopause support cannot sit only in a wellbeing campaign or a policy document. It needs to be embedded in how the organisation manages people, trains managers, assesses risk, handles absence and creates a working environment where employees can ask for support.

Menopause is no longer something employers can ignore

For a long time, menopause has been treated as a private issue. Something employees were expected to manage quietly, often without support or understanding.

That position is no longer credible.

Research shows that menopause can affect attendance, performance, confidence and progression. One in 10 women has left a job due to menopause symptoms, one in 10 has been disciplined or made redundant due to menopause-related issues and more than 60% of menopausal women have experienced workplace difficulties.

These are not just wellbeing statistics. They are workforce, equality and legal risk indicators.

When employers fail to think about menopause properly, issues can show up as grievances, absence disputes, performance concerns, failed adjustments, poor manager responses, harassment complaints or discrimination claims.

And often, by the time a formal process begins, the employer is already on the back foot.

The legal risks are wider than many employers realise

Menopause-related legal risk can arise in several ways.

Sex discrimination may be relevant where treatment is linked to sex or to a condition that overwhelmingly affects women. Age discrimination may arise where assumptions are made about someone’s capability because of their age. Disability discrimination can become relevant where symptoms are long term and have a substantial adverse effect on day-to-day activities.

There may also be risks around harassment, constructive unfair dismissal and health and safety.

This is why it is dangerous to treat menopause as a narrow issue.

An employee may be struggling with concentration, memory, sleep, anxiety, heavy bleeding, pain, hot flushes or fatigue. If the employer treats those issues purely as poor performance, misconduct or absence without asking what sits underneath, the risk increases.

The point is not that every menopause experience will create a legal claim. It will not.

The point is that employers need to be curious, thoughtful and consistent in how they respond.

Tribunals are not looking for perfection

One of Heidi’s clearest messages was also one of the most reassuring.

Tribunals are not looking for perfection, they are looking for engagement.

• Did the employer listen?
• Did they explore what could be done?
• Did they consider reasonable adjustments?
• Did they document what was agreed?
• Did managers understand how to respond?
• Did the organisation apply its processes thoughtfully rather than automatically?

An employer that can show genuine, proportionate engagement is in a stronger position than one that simply applies a standard process without thought.

This matters because many menopause-related adjustments are not expensive or complicated. They often involve practical, common-sense changes: flexibility around start times, access to cold drinking water, changes to uniform or PPE, temperature control, rest breaks, home working on difficult days where possible, occupational health advice, return-to-work support or reviewing absence triggers.

The legal risk often comes not from the adjustment itself, but from failing to consider it.

The biggest pitfall: managers who are not trained

Managers are at the front line of menopause support.

They are the people having, or not having, the conversations. They are making decisions about absence, performance, workload, flexibility, adjustments and escalation.

Without training, managers often default to one of two responses: avoidance or rigidity.

Some avoid the subject because they feel embarrassed, nervous or worried about saying the wrong thing. Others fall back rigidly on policy, applying processes without considering the individual circumstances.

Both can create risk.

Heidi identified failure to train managers as one of the most significant pitfalls for employers. Without practical training, managers may not understand the issue, may not know what support is available and may not realise when they need to involve HR or occupational health.

This is why awareness alone is not enough.

Awareness may help people understand that menopause matters. Training helps managers understand what they are responsible for and what to do next.

Policy without practice can work against you

Many organisations now have a menopause policy, wellbeing policy or guidance document that mentions menopause. That is progress.

But a policy on its own is not protection.

In fact, if a policy exists but has not been communicated, trained on or applied consistently, it may become evidence against the employer. It shows the organisation knew what it should be doing but failed to put it into practice.

This is a critical point.

A policy nobody uses will not change lived experience. A support pathway nobody knows about will not help an employee who is struggling. A beautifully written document will not reduce risk if managers do not understand it.

Policies say what you do. Employers need to do what they say.

That means policy must connect with action: manager training, employee awareness, occupational health, workplace adjustments, absence management, performance processes, risk assessments and employee voice.

Inconsistency creates risk

Another major risk is inconsistency.

If one manager responds with empathy, flexibility and confidence, while another dismisses concerns or applies policy rigidly, employees experience unfairness. That inconsistency can drive grievances and claims. It can also suggest that menopause support has not been properly embedded across the organisation.

This is why employers need more than good intentions from individual managers. They need a consistent framework that helps everyone understand what is expected, what support is available and how decisions should be made.

This is especially important in large, complex or multi-site organisations, where culture can vary significantly between teams, departments, locations and line managers.

It takes time to shine light into every corner of an organisation. But employers cannot rely on pockets of good practice and hope that is enough.

Reasonable adjustments need to be practical and role-specific

Reasonable adjustments for menopause should never be approached as a fixed list.

What works for one person may not work for another. What is possible in one role may not be possible in another. A desk fan may help someone in an office. A uniform change may help someone in retail or manufacturing. Shift preferences may help someone in healthcare. Access to toilets, rest areas, drinking water, flexible breaks or cooler working areas may be crucial in frontline roles.

In shift-based or operational roles, employers may need to balance individual needs with service requirements. But “we do not do that here” is not enough.

The question should be: what is the issue, what options are available, what is operationally possible and what can we trial?

Trial adjustments can be especially useful. They allow the employer and employee to test what works, review the impact and document the process.

Again, the key is engagement.

Absence management needs careful thought

Menopause-related absence can be particularly difficult if employers rely on rigid trigger systems.

Many organisations use absence scoring systems or staged policies. These can be useful, but they need to be applied with care. If menopause-related absence is treated as straightforward absence, conduct or performance, without considering the underlying cause, the employer may create unnecessary legal risk.

This does not always mean discounting every absence. But it does mean looking at the individual circumstances, considering whether symptoms may be relevant, exploring support and documenting decisions.

It also means creating a culture where employees feel safe to explain what is happening.

If an organisation introduces menopause or menstrual health as an absence reason and nobody uses it, that does not automatically mean there is no need. It may mean people do not yet feel safe enough to tick that box.

Case law shows what can go wrong

Heidi highlighted two important cases: Merchant v BT and Rooney v Leicester City Council.

In Merchant v BT, an employee experiencing menopause symptoms, including poor concentration and memory difficulties, was managed through a performance process and ultimately dismissed. The tribunal found the dismissal was unfair and discriminatory, with a failure to consider symptoms properly or explore adjustments.

In Rooney v Leicester City Council, menopause-related absences were managed through a standard sickness absence process without considering reasonable adjustments. The case became particularly important because it confirmed that menopause symptoms can, in some circumstances, meet the legal definition of disability.

These cases underline a vital point: employers must not treat menopause-related issues as standard performance or absence matters without asking deeper questions.

• What is causing this?
• Could symptoms be relevant?
• Is a referral to occupational health needed?
• Are adjustments required?
• Has the manager been trained?
• Has the organisation acted consistently?

Claims have not gone away

There may be fewer menopause-related tribunal decisions making headlines than some people expected. But that does not mean the risk has disappeared.

As Heidi explained, it may mean employers are becoming more commercially aware and settling claims before they reach a full hearing. The reputational risk of public menopause discrimination claims can be significant, particularly where an organisation has failed to train managers, apply policy consistently or consider adjustments.

Claims have not gone away. The risk has become better understood.

And for employers, the best way to reduce that risk is not to prepare for tribunal. It is to avoid getting there in the first place.

Menopause Action Plans help employers evidence what they are doing

This is where Menopause Action Plans become so important.

A Menopause Action Plan is not just a compliance document. Done well, it is evidence.

Evidence that the organisation has turned its mind to menopause as a workplace issue. Evidence that it has considered what support looks like. Evidence that managers are being trained. Evidence that adjustments are available. Evidence that there is a process for escalation, review and accountability.

As Heidi explained, a well-drafted action plan links policy, training, adjustment processes and employee engagement into one auditable strategy. It protects the organisation, supports employees and strengthens the employer’s position as responsible and forward-thinking.

It also creates consistency. Rather than leaving every manager to make it up as they go along, the organisation has a framework.

That framework matters legally, culturally and practically.

Action Plans move employers from words to evidence

With voluntary reporting already open and mandatory requirements expected from 2027, employers have a valuable window of time.

This voluntary year should not be wasted.

It gives employers the chance to prepare properly, listen to employees, review existing support, train managers, strengthen policies and build a plan that reflects what is actually happening in the organisation.

The risk is not just failing to publish. It is publishing something that does not ring true.

If an organisation says menopause support is available but employees do not know about it, managers are not trained and adjustments are inconsistent, that gap will be visible. Employees, unions, candidates and stakeholders will increasingly be able to compare what organisations say with what people experience.

That is why the strongest message is simple: say what you do and do what you say.

What should employers focus on now?

Employers should start by looking honestly at what is already in place.

• Is menopause covered in policy or guidance?
• Do employees know where to find support?
• Are managers trained and confident?
• Are reasonable adjustments clear and accessible?
• Is occupational health equipped to support menopause well?
• Do absence and performance processes allow for thoughtful consideration?
• Are workplace risk assessments specific enough?
• Is employee voice shaping action?
• Is support consistent across teams, sites and roles?

This is not about doing everything overnight. It is about taking structured, evidence-based steps and keeping momentum going.

Menopause Friendly employers are already ahead

For organisations already working through Menopause Friendly Membership or Accreditation, this approach will feel familiar.

Menopause Friendly has always focused on meaningful workplace change across culture, policies and practices, training, engagement and the working environment. That is exactly the joined-up approach employers now need.

• A policy alone is not enough.
• A single awareness session is not enough.
• A good manager in one team is not enough.

Employers need structure, consistency, capability and evidence.

That is why Menopause Friendly Accreditation is independently assessed and why the programme helps employers move beyond good intentions into meaningful, measurable action.

The best legal protection is good workplace practice

The legal message is not separate from the human message – employers reduce risk by supporting people well.

That means listening, training managers, making adjustments, documenting decisions, applying processes consistently and creating a culture where people feel able to ask for help.

It means understanding that menopause at work is not a side issue, but part of how organisations retain talent, support equality and build better working lives.

The employers who act now will not only be better prepared for forthcoming reporting requirements. They will be better placed to keep experienced people in work, strengthen trust and show that their values are lived in practice.

The message for employers is clear

Menopause support is no longer about whether an organisation has a policy.

It is about whether that policy lives in the organisation.

• It is about whether managers know what to do.
• It is about whether employees trust the support.
• It is about whether adjustments are considered properly.
• It is about whether decisions are consistent.
• It is about whether the organisation can evidence that it has acted thoughtfully and fairly.

The law may not require perfection. But it does expect engagement.

And the best employers will not wait for a complaint, a tribunal or a deadline before taking action.

They will act now.