As the Employment Rights Bill progresses through Parliament, employers are being urged to pay attention to the role of menopause and menstruation in workplace equality and employee wellbeing.
These areas are now emerging as key imperatives for inclusive workplace practices and the proposed changes are set to reinforce that shift. With broad support for improving workers’ rights, the Bill signals a move towards greater accountability for organisations, particularly those with more than 250 employees.
Equality action plans: more than a tick-box exercise
Originally anticipated to require menopause-specific action plans, the latest version of the Bill instead introduces a requirement for large organisations to develop and publish Equality Action Plans showing the steps that employers are taking in relation to prescribed matters related to gender equality. The current draft of the Bill specifies that this will include measures around addressing gender pay gaps and support for employees going through the menopause.
Although the detail of what must be included is still to be confirmed through regulations, the direction of travel is clear: employers should be addressing workplace inequalities through a broader and more inclusive lens. The Labour party stated in its Make Work Pay manifesto that women’s equality would be at the heart of its mission and it is difficult to see how any credible equality action plan could overlook menopause and menstruation, given their impact on employee health.
Why acting now matters
Many organisations have already taken steps to support colleagues experiencing menopause. However, menstruation and menstrual health remain further behind, often viewed as more sensitive or less understood topics. Employers that have successfully tackled menopause awareness are now using that momentum to open up conversations about menstruation, especially for younger employees.
Introducing support doesn’t just mean drafting a policy. It involves creating a culture where people feel safe to speak up, where symptoms are understood and respected, and where practical steps, like adjustments or access to period products, are readily available.
For forward-thinking employers, this work is already underway. They are embedding menopause and menstruation support into wider wellbeing and diversity strategies, ensuring it reaches across all levels, from HR and line managers to senior leadership.
Existing responsibilities and legal risks
Although new legislation may soon raise the bar, existing employment law already provides protection for discrimination. Cases related to menopause and menstrual health are increasingly being brought under existing provisions – the Equality Act 2010 under the protected characteristics of age, sex and even disability discrimination and harassment.
Tribunal outcomes are highlighting where employers fall short, whether through lack of understanding, failure to make reasonable adjustments or disrespectful handling of sensitive issues. These cases can result in significant reputational damage, financial cost and human impact. There’s an increase in tribunals citing menopause and also menstruation or menstrual health conditions.
Employers have a duty to provide a safe and supportive working environment. That includes making sure working conditions do not worsen menopausal or menstrual symptoms and that those affected are treated fairly and with dignity.
What other provisions in the Employment Rights Bill are relevant to menopause and menstruation at work?
There are various changes to current employment law that will enhance the rights of women at work experiencing difficulties due to menopause and menstruation. These include the ability to claim unfair dismissal from the first day of employment, rather than having to be continuously employed for at least two years as is currently the case.
The time limit for bringing an Employment Tribunal claim is set to be increased from three months to six months, which will allow more time for people to seek legal advice. Having longer to decide whether to bring a claim can help reduce stress and pressure while the additional time will enable women who may not immediately recognise that they have a potential claim to make an informed choice.
The Employment Rights Bill also proposes to make flexible working the default and employers will only be able to refuse a flexible working request if it is reasonable for them to do so. It is hoped that this will mean many more women will be able to work flexibly when experiencing the effects of menopause and menstruation.
Looking ahead
While there’s still uncertainty around the exact timescales and legal details of the Employment Rights Bill, the message for employers is clear: now is the time to act. Establishing a proactive, inclusive approach to menopause and menstruation support will help ensure compliance with future legislation but, more importantly, it will build stronger, more equitable workplaces.
The organisations leading the way aren’t waiting to be told what to do. They are showing what best practice looks like now — and setting the benchmark for others to follow.
