Important Notice This article provides evidence-based commentary and research drawn from publicly available sources, legislation, case law and official reports as of 2026. It is intended for informational and educational purposes only. It does not constitute legal advice. Employers, HR professionals and policymakers should obtain specialist employment law advice and refer to current EHRC Codes of Practice, ACAS guidance and Equality Act 2010 provisions. Reliance on this content is at the reader’s own risk.
Employers have both legal duties and a compelling organisational interest in supporting employees with menstrual disorders. Under the Equality Act 2010, where a condition meets the disability definition (substantial and long-term adverse effect on normal day-to-day activities), the employer must make reasonable adjustments and must not discriminate because of something arising from the disability. The Employment Appeal Tribunal in Ms S Pal v Accenture UK Ltd [2026] EAT 12 confirmed that endometriosis can meet the statutory test in appropriate cases and criticised inadequate tribunal analysis of medical evidence, cyclical presentation, recurrence and impact without treatment.
Even where the strict disability threshold is not crossed in every case, the general duty of care, sex discrimination provisions and good employment practice apply. Treating symptoms less favourably because they are linked to female biology risks sex discrimination or harassment claims. Unfavourable treatment for absence or performance issues arising from menstrual disorders can also engage section 15 protection where disability is established.
Reasonable adjustments – practical examples
Adjustments are fact-specific and proportionate. Common, low-cost measures include:
- Flexible or adjusted hours, or working from home, particularly around predictable cycle phases or flare-ups.
- Modified duties or performance targets during symptomatic periods.
- Additional rest breaks or access to quiet/rest facilities.
- Adjustments to uniform or provision of period products as part of wellbeing provision.
- Phased return to work after absence and trigger-based absence management that does not automatically penalise cyclical patterns.
- Referral to occupational health and, where appropriate, counselling or employee assistance programmes.
- Paid time off for medical appointments or flexibility for treatment recovery.
The key is individualised assessment rather than blanket rules. Policies that normalise discussion, provide clear pathways for requesting support, and train managers to respond sensitively reduce stigma and legal risk.
Current organisational picture and business case
The 2023 CIPD survey found that only 12% of organisations provided any dedicated support for menstruation or menstrual health. Two-thirds reported no support available. Support that did exist was often limited to free period products or standard sick pay rather than proactive adjustments. Yet the costs of inaction are real: presenteeism, lost productivity, turnover (some women consider or actually leave roles), and potential discrimination claims. The economic case for addressing women’s health more broadly has been highlighted in parliamentary reports.
The renewed Women’s Health Strategy for England (2026) explicitly recognises the debilitating effect of menstrual and reproductive health conditions on workplace participation and has supported projects on reproductive wellbeing in the workplace. Employers can align policies with this national direction, engage with local Women’s Health Hubs or Integrated Care Boards, and demonstrate leadership in inclusion.
Policy and cultural recommendations
Organisations should consider a dedicated menstrual health or broader women’s reproductive health policy, or integrate it clearly into absence, flexible working and wellbeing frameworks. Manager training on the range of experiences, the impact of stigma, and confident handling of conversations is repeatedly recommended. Data collection (anonymised, voluntary) on reasons for absence or requests for support can inform targeted action while respecting privacy. Integration with existing menopause or women’s health initiatives avoids siloed approaches.
For patients’ experiences and practical navigation of these issues, see the linked Patient article. For clinical considerations that inform occupational health liaison, see the Clinical article.
Mandatory Disclaimer
This article is for general information and discussion only. It is not medical or legal advice, nor a substitute for professional advice. To contribute evidence, ideas, or corrections, please email womenshealthproject@outlook.com. Please do not share personal data when emailing. Individual cases cannot be reviewed.
This project does not offer any form of legal service and cannot assist with complaints, claims or individual advocacy. This platform is independent and not affiliated with any law firm, regulator, inquiry or clinical body.
© 2026 Women’s Health Inquiry Project (WHIP). This article includes original analysis of material from publicly available national sources. It may not be reproduced without permission.
References
- Ms S Pal v Accenture UK Ltd [2026] EAT 12.
- CIPD (2023) Menstruation and support at work.
- Department of Health and Social Care (2026) Renewed Women’s Health Strategy for England.
- Equality Act 2010 (ss.6, 15, 20–21, 26); EHRC Employment Code of Practice.
- ACAS guidance on flexible working, absence and discrimination.
- Parliament UK reports on women’s reproductive health conditions (2024).