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Is menopause a disability? What UK law says, in plain English

By Softer Mind · Updated 15 October 2026 · 8 min read · Based on NHS guidance and published research

You're struggling at work. Your sleep is broken, your memory feels patchy, and the hot flushes don't care about meetings. Maybe your manager has been less than kind about it. And somewhere along the way you've started to wonder: is menopause a disability? Does the law protect me?

The short answer is: not automatically, but it can be. Menopause is not a protected characteristic in its own right under the Equality Act 2010. But Acas says that in some cases, menopause could be considered a disability. And unfair treatment linked to menopause symptoms can also count as discrimination because of sex or age.

This is general information, not legal advice. For advice about your situation, contact Acas. The Acas helpline gives free advice on 0300 123 1100, Monday to Friday, 8am to 6pm. Your phone provider may charge for the call. If you can't hear or speak on the phone, you can use Relay UK on 18001 0300 123 1100.

If you need practical help at work right now, such as how to talk to your manager, changes that can help, or getting a fit note, start with our guide to menopause at work. This page is about the law behind it.

Is menopause a protected characteristic?

No, not on its own. Acas is clear that menopause is not a specific protected characteristic under the Equality Act 2010.

This has been debated. In 2022, a committee of MPs recommended that the government consult on making menopause a new protected characteristic. The committee's report records that the government did not support this.

But that doesn't leave you without protection. Acas says treating someone unfairly because of menopause symptoms could be discrimination if it's linked to:

  • sex
  • age
  • disability
  • gender reassignment

The Equality and Human Rights Commission (EHRC) says the same about sex, age and disability. It says women with menopause or perimenopause symptoms may be protected from direct and indirect discrimination, harassment and victimisation.

The Equality Act 2010 applies in England, Wales and Scotland, and this guide is about the law there.

Is menopause a disability under the Equality Act?

Going through menopause doesn't automatically mean you count as disabled in law. Acas says menopause could be considered a disability "in some cases". It depends on your symptoms and how they affect you.

Section 6 of the Equality Act 2010 says you have a disability if:

  1. you have a physical or mental impairment, and
  2. it has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

The EHRC puts it this way for menopause. If symptoms have a long-term and substantial impact on a woman's ability to carry out normal day-to-day activities, they could be considered a disability.

What "substantial" means

GOV.UK says "substantial" means more than minor or trivial. Its example is taking much longer than you usually would to do a daily task, like getting dressed.

So the effect doesn't have to be severe. It has to be more than minor.

What "long-term" means

Schedule 1 of the Equality Act says an effect is long-term if:

  • it has lasted at least 12 months, or
  • it's likely to last at least 12 months, or
  • it's likely to last for the rest of your life.

There's another rule that matters for menopause, because symptoms can come and go. The same schedule says that if an effect stops being substantial but is likely to come back, it's treated as carrying on.

What if treatment is helping?

This part is easy to miss. The same schedule says that if you're having treatment, the question is what the effect would likely be without it. "Treatment" includes medical treatment. There are a few exceptions, such as glasses and contact lenses.

So if HRT or another medicine is helping, the law looks at how your symptoms would likely affect you without it.

Why it isn't automatic

Every person's menopause is different, and so is every case. The MPs' committee heard that women whose symptoms come and go may not meet the test. It also heard that proving a disability can be a long and complex process.

Some women dislike the idea of calling menopause a disability at all. The committee heard this view too. It may help to think of it as a legal label about protection, not a judgement about you.

What have tribunals said?

The committee's report says successful menopause-related claims have been brought at employment tribunals on the grounds of sex, age and disability.

It lists some examples. In one (Donnachie v Telent Technology Services), a tribunal judge found the woman was disabled because of her menopause symptoms. In another (Merchant v BT, 2012), a tribunal found that a man in her position would have been referred to occupational health for further investigation. It decided this was direct sex discrimination.

These were decisions about particular people and their facts. They don't mean every woman going through menopause counts as disabled.

The report also says most lawyers bring menopause-related claims as disability discrimination. That's mainly because it lets them argue that an employer failed to make reasonable adjustments.

Menopause discrimination: sex and age

You don't have to be disabled to be protected. The EHRC says women with menopause or perimenopause symptoms may also be protected on the grounds of sex and age.

Harassment. Acas says unwanted behaviour about someone's menopause symptoms could count as harassment, or sexual harassment, depending on what was said or done.

Comparing yourself to others. To show direct sex discrimination, the committee's report explains that a woman usually has to show she was treated less well than a man in a similar situation would have been. Some lawyers told the committee this makes these claims harder.

Health and safety. Acas also says that under the Health and Safety at Work Act 1974, employers must, where reasonably practical, look after everyone's health, safety and welfare at work.

What are reasonable adjustments?

Acas describes reasonable adjustments as changes an employer makes to remove or reduce a disadvantage related to someone's disability. If your symptoms count as a disability, the EHRC says your employer has a legal duty to make them.

Acas says the duty applies when your employer knows, or could reasonably be expected to know, that you're disabled. It also applies if you ask for changes, if you're having trouble with part of your job, or if your sickness absence is linked to your disability.

Examples Acas gives include:

  • changing your working pattern or break times
  • flexible working or home working
  • paid time off for medical appointments
  • a phased return after time off
  • changing the layout or lighting where you work

For menopause in particular, Acas gives one example: recording absence because of menopause separately from other sickness absence.

What counts as "reasonable" depends on the situation. Acas says employers should think about whether a change will actually help, whether it's practical, whether it's affordable, and whether it could affect anyone's health and safety. They should talk to you, not just guess.

Even if your symptoms don't meet the legal test, many employers make changes anyway. Our menopause at work guide has a table of ideas to ask about.

Do I have to tell my employer?

No. Acas says nobody has to tell their employer they're disabled. But the duty to make adjustments depends on your employer knowing, or being able to know. So it often helps to speak up.

What's changing for employers?

The EHRC notes that menopause action plans are now voluntary for employers, from April 2026. It says they're likely to become mandatory for employers with 250 or more staff from spring 2027. It may be worth asking HR whether your employer has a plan, or a menopause policy.

What to do if you're struggling or treated unfairly

You don't need to know whether you count as disabled before you ask for help. Here's a sensible order of steps.

  1. Talk to your manager, or someone else at work. Acas says you can ask for adjustments in a meeting, or in writing, such as a letter or email. It says your employer should confirm any agreed adjustments in writing. If you'd rather not go to your manager, our menopause at work guide covers other people you can talk to.
  2. Ask about occupational health. Acas says your employer could agree with you to get an occupational health assessment, to help work out what changes would help.
  3. Keep notes. Write down your symptoms, how they affect your work, what you've asked for, and what was said. Keep copies of emails.
  4. Get advice early. Call the Acas helpline on 0300 123 1100. If you're in a trade union, your rep can advise and support you.
  5. Raise a complaint. If you think you've been discriminated against, Acas says you could make an informal or formal complaint to your employer. If that doesn't sort it out, you could think about a claim to an employment tribunal.

Watch the time limits

Tribunal claims have strict deadlines. Acas says the law on time limits changed on 1 October 2026. For most claims, the limit is:

  • 3 months minus 1 day if the problem happened before 1 October 2026
  • 6 months minus 1 day if it happened on or after 1 October 2026

For discrimination, the clock starts from the most recent act of discrimination in your claim. Telling Acas within your time limit, through a process called early conciliation, pauses the clock. Because this is so important, please check your own dates with Acas.

Getting help with your symptoms too

The law is only part of the picture. Getting the right support for your symptoms can make work feel more manageable, whatever the legal position.

Your GP can talk you through treatment options, with or without HRT. Our guide to menopause without HRT sets out what's available. You can also read about the symptoms that most often affect work, such as menopause brain fog, perimenopause fatigue, menopause mood swings and hot flushes. For the full list, see our guide to perimenopause symptoms.

If you take any medicines, don't stop or change them without talking to your GP or pharmacist first.

Related: menopause at work, menopause without HRT and perimenopause fatigue.

This page is general information, not medical advice. If you're worried about any symptom, please talk to your GP or pharmacist.

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