Protecting Women's Health In The Workplace

For all too long, women's health has been treated as a private matter. Something quietly managed rather than openly supported or discussed. Only recently have employers truly begun to recognise that issues such as menstruation, endometriosis, menopause, and fertility treatment are not just personal concerns but workplace realities that need to be fully respected and considered from an organisational perspective.

The law has, in fact, offered protection for quite some time under the Equality Act 2010 and related health and safety duties, yet many of these rights have gone underused or misunderstood.

Thankfully, recent tribunal decisions are now changing that picture, demonstrating that dismissing or mishandling women's health at work can in fact amount to discrimination, and that employers are expected to respond with understanding, flexibility and care.

How the law already protects women's health

The Equality Act 2010 remains the cornerstone of protection. While conditions such as menstruation or menopause are not explicitly listed as protected characteristics, their impact can engage several of the Act's provisions, particularly those concerning sex, disability, and age discrimination.

Where a woman's health condition has a substantial and long-term effect on her ability to carry out normal day-to-day activities, it may amount to a disability. In such cases, the employer's duty to make reasonable adjustments is triggered automatically.

That duty is not optional. It requires employers to think carefully about what changes might reduce or remove any disadvantage the employee is experiencing. Such adjustments might, for example, involve reviewing working hours, modifying duties, or providing greater flexibility over how and where work is done.

Even where the threshold for disability is not met, less favourable treatment connected to sex can still amount to discrimination. Dismissing an employee's symptoms, making inappropriate remarks, or penalising absences linked to women's health can all breach the Act. Tribunals have become increasingly willing to find that such behaviour constitutes harassment or indirect discrimination, especially where policies or practices disadvantage women disproportionately.

Case law: Menstruation, flexibility and the limits of management

Recent judgments are moving the conversation from silence to accountability, and one case in particular captures the direction of travel.

In Ms G Platukyte v Secretary of State for Justice, the Tribunal accepted that severe, cyclical symptoms associated with menstruation could amount to a disability for the purposes of the Equality Act where their effect is substantial and long-term.

The claimant, who experienced acute symptoms each month, had previously been permitted to work from home during those periods. When the employer later withdrew that flexibility, she continued to experience pain and fatigue but was required to attend the workplace.

On agreed facts, the Tribunal recorded that home-working requests were refused on several occasions when symptoms were at their worst, and that attendance warnings were issued in respect of the related absences.

The Ministry of Justice conceded both a failure to make reasonable adjustments and discrimination arising from disability, and the Tribunal awarded £29,065.64 (including interest) for injury to feelings.

The reasoning here was careful but unmistakable. When an employee can work effectively with modest flexibility (in this case, home-working for a few days each month) refusing that support and penalising the resulting absence crosses the line from management into discrimination.

The law has long required employers to remove or reduce disadvantage where a disability is in play – the difference is that tribunals are now applying that duty to women's health conditions that were previously treated as private or peripheral.

The Platukyte case perfectly underscores this point. The employee could do her job, and had done so successfully, with a simple adjustment. The employer's inability to accommodate that, and its use of absence triggers without recognising the medical context turned a manageable issue into a legal breach. And that is the lesson many organisations now need to absorb.

Beyond discrimination

Alongside the Equality Act, employers have broader responsibilities under the Health and Safety at Work etc. Act 1974 to safeguard employees' health, safety and welfare. This extends beyond physical safety to include emotional and psychological wellbeing. For women whose health is affected by pain, fatigue, or hormonal fluctuation, those duties can require that active steps are taken to assess risk and proactively reduce strain on the individual involves.

There is also a longstanding common law obligation of mutual trust and confidence between employer and employee. Repeatedly ignoring health concerns, or handling them insensitively, may breach that duty and open the door to claims of constructive dismissal. In many ways, these principles are catching up with modern expectations that fairness, dialogue and empathy are all essential elements of lawful employee management.

The Employment Rights Bill

The forthcoming Employment Rights Bill strengthens that direction of travel. Although still progressing through Parliament, it is expected to reshape several areas of employment practice with direct relevance to women's health.

For the first time, large employers may be required to publish Equality Action Plans that address women's health specifically, including menstruation, fertility, pregnancy and menopause. This represents a major cultural step from reactive support to transparent accountability.

The Bill also proposes enhanced protection from dismissal during and after maternity leave, stronger rights for those undergoing fertility treatment, and greater flexibility for all employees from the first day of employment. Together, these measures signal a more holistic approach to equality that recognises that women's health is integral to participation and progression in work, and is not just a private inconvenience to be managed behind closed doors.

Even though the Bill has not yet passed into law, it shows a clear direction towards greater empathy for women in the workplace. Whilst tribunals are already reflecting that shift in their judgments, the legislative framework looks set to follow, and employers who start to align with these standards now will not only reduce legal risk but demonstrate leadership in an area where expectations are rapidly evolving.

What employers should be doing now

Employers do not need to wait for new legislation to act. The framework for supporting women's health is already in place – the challenge is to apply it meaningfully. That begins with an open dialogue that ensures women feel able to disclose health concerns early and safely, confident they will be met with understanding.

Training is equally critical. Line managers are often the first point of contact, and their response sets the tone. They should know how to respond to disclosures, when to seek HR or occupational health input, and how to balance fairness with flexibility. Policies should be reviewed to ensure they make explicit reference to women's health, and that they sit comfortably alongside broader wellbeing, equality and absence management frameworks.

Employers should also take a fresh look at their environments. Adjustments need not be costly. On the contrary, often they involve simple measures such as temperature control, access to private rest areas, or the ability to vary start times. What matters is the readiness to engage, to trial solutions, and to review them over time. Documentation remains essential, so be mindful to record what was discussed, what was proposed and why, but be sure to do it with discretion and respect for confidentiality.

Looking ahead

The combined force of case law, guidance and the forthcoming Employment Rights Bill means that the protection of women's health at work is moving from the margins of employment law to its centre. Employers are no longer being asked simply to avoid discrimination; they are being expected to create workplaces where women can thrive without compromising their wellbeing.

That shift is both legal and cultural. It reflects a growing understanding that equality cannot be achieved by treating everyone identically, but by recognising and accommodating difference. The law provides the framework, but it is empathy, dialogue and leadership that give it life.

At Buckles, our employment team advises employers on managing health, equality and workplace culture with confidence and care. If your organisation is reviewing its approach to women's health, or wishes to understand how the developing law affects your duties, we can help you find the right balance between compliance and compassion.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.