Menopause Action Plans – a new milestone on the Employment Rights Bill roadmap

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The beginning of July saw the release of a ‘roadmap’ for implementing the Employment Rights Bill (ERB), with phased implementation of a range of measures for employers – including the introduction of Menopause Action Plans. A key part of wider equality measures set out in the roadmap, the requirement recognises the positive impact of menopause-related initiatives on workplace wellbeing and inclusion. So what do employers need to be aware of and how best can they prepare?  

The introduction of these measures under the ERB reflects the greater discussion around menopause, its symptoms and the impact it can have on personal and working life. The combined efforts of menopause charities, healthcare professionals, Human Resources teams, employment law professionals and some notable celebrities, have contributed to this spotlight on the menopause and the impact it can have on working life.

Greater discussion has led to increasing understanding of the changes a woman may experience during menopause; there are over 35 recognised menopause symptoms ranging from insomnia, brain fog and anxiety, to pain and migraines, which can affect mental health, attendance, performance and conduct. Changing symptoms can affect women for a prolonged period during their working life, which brings it into focus for employers and their approach to supporting workplace equality and employee wellbeing.

As employers look at their own approaches in this area, it’s important to understand the legal obligations and how policies fit alongside an organisation’s people and inclusion programmes. There are many considerations ranging from health and safety, trust and confidence, and obligations not to discriminate on the basis of sex, age and disability. There is also a growing wealth of information available – for example, the Chartered Institute of Personnel and Development’s (CIPD’s) report on experiences of menopause at work and the type of adjustments and support that can be of help.

The most forward-looking employers are stepping up to the plate by including the menopause in their health and wellbeing strategies. Consistent menopause support in all workplaces is, however, far from the norm and choosing to pay lip service to the issue now brings the risk of being branded as ‘menowashing’. An extension of ‘social washing’ and ‘wellbeing washing’, menowashing describes an organisation making superficial gestures or statements about supporting employees with the menopause to elevate their brand (internally or externally), without genuinely addressing the support actually required.

Employees are increasingly looking for real engagement on this issue and are calling out menowashing by their employers on social media and employer review sites. Promises or gestures that don’t translate into real education and structural investment to provide support, can seriously damage the trust placed in an organisation by its staff and the wider public, impacting faith in its overall DEI / ESG strategy.

Under the new Employment Rights Bill, the issue of gender equality and menopause is addressed as part of a package of measures to update workers’ rights in support of the ‘Plan for Change’ policy. In the roadmap to implementation of the Bill, by 2027 employers with more than 250 employees will be required to set out their Menopause Action plans, under the broader requirement for Equality Action Plans. The detail will be confirmed in implementing regulations; at this stage we understand that employers will need to set out their plan to support employees experiencing the menopause. This will mean genuine engagement from the top down (culture), so that employees trust there is a real strategy embodied in a menopause policy which sets expectations and support.

Employers will be invited to set out their plans on a voluntary basis from April 2026 and these will become a requirement from (likely) April 2027. So for those employers looking to show their workforce and stakeholders that they are on the front foot, this means starting to make preparations early. Now is the time to reflect on what your organisation has done so far, what needs to be done and, if you started working on menopause support years ago, what might need to be refreshed.

As an employer, we are currently refreshing our menopause support in terms of policies, manager guidance and learning menopause hub to ensure we’re ready. We have recently published our 2024 Sustainability Report and Inclusion for All Review which shares our people and wellbeing activities, including the work of our Enable network around menopause and other focus areas. We will continue to follow developments with the ERB and will share future updates on the consultations around the Equality Action Plans more broadly.

Government guidance will be published ahead of implementation deadlines for the proposed action plans in order to help organisations prepare. We expect the regulations to include penalties for non-compliance with the Equality Action Plan requirement but, as ever with people-based issues, the real risk to your organisation could come from within – and can be avoided with a robust approach to both compliance and the investment in support.

For more information on this and other changes under the ERB, take a look at our Employment Law Changes summary article and sign up to our employment mailing list to ensure you receive our updates.