Why Menopause Matters in the Modern Workplace

Menopause is not a personal issue to be left at the office door. It is a health and workplace matter that directly affects productivity, equality, and employee well-being. In Ireland alone, CSO figures for Q4 2024 show that of the 2.9 million people in the labour force, approximately 1,361,700 are women—about 420,000 of whom are currently navigating menopause while working.

Despite its scale, menopause remains shrouded in stigma and often neglected in occupational health policies. However, the legal implications of ignoring menopause are growing, with emerging case law setting clear precedents. For employers across Ireland and the UK, it's no longer just a “nice-to-have” conversation.It’s a legal, ethical, and business imperative.

Gender Differences in the Workplace: A Legal Perspective

Workplaces have a direct influence on the health and well-being of all employees, yet they are rarely gender-neutral in their design. Men and women often experience different working lives due to caregiving responsibilities, reproductive health, and societal expectations This difference materially affects occupational health and safety outcomes.

Work-life balance improvements must consider gender-specific needs. Failing to do so may not only perpetuate inequalities but also expose employers to costly discrimination claims under equality legislation.

The Legal Framework: Ireland

While there is no legislation that explicitly addresses menopause in the workplace, several existing laws and policy frameworks provide protections and guidance for employees experiencing menopausal symptoms.

Employment Equality Acts 1998–2021

These Acts prohibit discrimination in employment on various grounds, including gender, age, and disability. Although menopause is not specifically mentioned, its symptoms can intersect with these protected characteristics. For instance, if menopausal symptoms significantly impact an employee's ability to work, t menopause may fall under the ‘disability’ ground of discrimination if symptoms have a substantial and long-term adverse effect on a person’s ability to carry out day-to-day activities. This creates a legal duty for employers to provide reasonable accommodations.

Failure to acknowledge and accommodate the effects of menopause can lead to claims of discrimination on the grounds of disability, gender, or age. For instance, if an employer penalises an employee for menopause-related absences without considering reasonable adjustments, this could constitute discriminatory treatment.

A notable case from Ireland is Rotunda Hospital v McNally (2022), where the Labour Court found the employer guilty of direct discrimination for failing to consider any form of reasonable accommodation. The Court awarded €10,000 in compensation.

Safety, Health and Welfare at Work Act 2005

This Act mandates that employers ensure, as far as reasonably practicable, the safety, health, and welfare of their employees. While menopause is not explicitly covered, employers are encouraged to consider how menopausal symptoms might affect workplace safety and employee well-being, and to make appropriate adjustments.

Ignoring menopause under this Act could mean failure to:

Identify menopause as a workplace hazard
Conduct appropriate risk assessments
Implement suitable supports (e.g., ventilation, uniform adjustments, flexible working hours)

Gender Pay Gap Information Act 2021

This Act requires organisations to report on gender pay disparities. Addressing issues like menopause, which can impact women's career progression and retention, is essential for organisations aiming to reduce their gender pay gaps.

UK Equality Act 2010 and Employment Rights

Although menopause is not a protected characteristic under the UK Equality Act 2010, women suffering from menopause-related symptoms may be protected under grounds of:

Disability discrimination
Sex discrimination
Age discrimination

Recent UK case law confirms this. In Maria Rooney v Leicester City Council (2022), the Employment Tribunal held that menopause symptoms could amount to a disability. Ms Rooney had been treated unfairly over absences linked to menopause, which ultimately led her to resign. The tribunal set a groundbreaking legal precedent, holding that menopause-related conditions can trigger the employer’s legal duty to make adjustments.

Another UK case, Maxine Lynskey v Direct Line Insurance (2023), involved a consultant who experienced brain fog and concentration difficulties. Despite informing her employer, she was penalised, transferred to a lower-paid role, and eventually resigned. Though some claims were dismissed, she was awarded £64,645 for the employer's failure to make reasonable adjustments and disability-related discrimination.

Cultural and Legal Change: What Employers Should Do

As menopause moves into the spotlight, employers must shift from treating it as a private or medical issue to recognising it as a legitimate workplace concern.

Legal Compliance Checklist for Employers:

Conduct menopause-specific risk assessments where necessary
Train managers to respond with sensitivity and avoid discriminatory behaviours. Menopause Hub Academy’s CPD Accredited Manager Training course and eLearning courses are great options.
Introduce flexible working policies that consider menopause-related needs.Menopause Hub Academy can assist you with creating and implementing a gold standard policy that’s tailored to your business.
Avoid punitive action (e.g., disciplinary procedures) that arise solely from menopause symptoms.
Implement reasonable adjustments such as hybrid work, temperature controls, and additional breaks.Menopause Hub Academy can assist you in integrating practical, beneficial changes that will benefit your employees as well as your business.
Consult with employees to understand lived experiences. A survey is a great way to gain feedback anonymously on a topic that people may not always feel comfortable discussing openly. Menopause Hub Academy can support your organisation in designing and delivering tailored surveys that capture meaningful insights, helping you shape more inclusive policies, identify support needs, and foster a culture where employees feel heard, respected, and valued at every life stage.

Looking Ahead: Proposed Legal Developments

In the UK, the Employment Rights Bill proposes mandatory menopause action plans for large employers (250+ staff). These would include:

Flexible working rights
Gender equality frameworks
Adjustments related to temperature, uniforms, and workloads

Though menopause is not currently a standalone protected characteristic, this legislation signals a shift toward explicit protection, in line with broader diversity and inclusion goals.

The cost of ignoring menopause isn’t just reputational—it’s legal. With up to 84% of women reporting negative impacts on their work due to menopause and one third considering leaving employment (Menopause Hub Academy, 2023), the consequences are clear. Creating a supportive workplace isn't just good HR, it’s the law.

Employers must act now to future-proof their policies, protect their workforce, and demonstrate that they value equality not just in words, but in practice.

The Legal Implications of Ignoring Menopause in the Workplace