Recent $900,000 Tribunal Decision is a Timely Reminder on Reasonable Adjustments

Menopause at work: why manager training on adjustments matters now

A recent Victorian tribunal decision is a timely reminder that reasonable adjustments cannot be treated as a box-ticking exercise. When an employee raises a health-related barrier at work, employers must look beyond their usual way of doing things and genuinely consider what may enable that person to continue performing their role.

In Norton v Boroondara City Council, VCAT found that a council had unlawfully discriminated against a Local Laws Officer after concluding he could not perform his role without properly considering a suitable vehicle adjustment. The Tribunal awarded compensation of more than $900,000. The case concerned an injury not menopause, but its lessons are highly relevant for employers responding to menopause-related adjustment requests.

“But menopause isn’t specifically protected”

We are increasingly asked to train managers on menopause-related reasonable adjustments: what they might look like, how to respond when an employee raises a concern, and how to balance individual needs with operational requirements.

Yet a common response remains: “Menopause is not specifically protected under Fair Work or discrimination legislation.”

Menopause is not currently a standalone protected attribute under the Fair Work Act or federal discrimination legislation. But this should not be mistaken for an absence of responsibility.

Depending on the circumstances, adverse treatment connected with menopause symptoms may engage protections relating to sex, age, disability, pregnancy, workplace rights or workplace health and safety. The legal position will depend on the facts, the relevant jurisdiction, the symptoms involved, what the employer knew and how it responded.

The practical leadership question is not whether a manager must become a clinician or employment lawyer. It is whether they know how to respond fairly, confidentially and constructively when someone asks for help.

The UK offers a warning

The UK has no standalone protected characteristic for menopause either. However, menopause-related treatment can still give rise to claims under existing protections such as sex, age and disability discrimination. ACAS, the UK workplace relations body, explicitly confirms this position.

That has not prevented a growing number of tribunal claims where menopause is a factor. Reported menopause-related claims in the UK increased from 64 in 2022 to 204 in 2024.

The lesson is clear: a lack of menopause-specific legislation does not make dismissive, inconsistent or poorly managed responses low risk. As awareness grows, employees are more likely to understand their symptoms, speak up earlier and ask for support that enables them to remain productive at work.

Reasonable adjustments in practice

Adjustments will always depend on the person, role and workplace. They may include temporary flexibility in start and finish times following severe sleep disruption; access to a cooler workstation or portable fan; uniform or dress flexibility; more regular breaks; flexibility around travel, rostering or meeting schedules; or a short-term review of workload while the employee seeks medical advice.

These are not necessarily requests for special treatment. Often, they are practical measures that help skilled employees continue to contribute safely, confidently and sustainably.

The risk is that managers have not been equipped to have these conversations. Without training, they may avoid the discussion, make assumptions about capability, treat symptoms as a performance issue, disclose private information inappropriately or reject an adjustment because it is not the organisation’s standard practice.

ISO 45010 puts this in WHS

The new ISO 45010:2026 – Occupational health and safety management: Menstruation and menopause in the workplace – Guidance is an important development. It places menstrual and menopausal health firmly within the workplace health and safety conversation, rather than treating it solely as an optional wellbeing initiative.

ISO 45010 provides practical guidance across workplace culture, policies and procedures, manager education, job and workplace design, privacy and disclosure, measurement, and practical adjustments. It also aligns with ISO 45001, enabling organisations to integrate menstrual and menopause support into existing occupational health and safety management systems.

This matters because good support is not about creating a single policy and hoping for the best. It requires leaders, HR, WHS professionals and managers to identify workplace factors that can worsen symptoms or create barriers and to put in place safe, respectful processes for responding.

The introduction of reproductive leave entitlements strengthen the case for training.

As workplaces introduce reproductive health leave and related entitlements, they are rightly creating a clearer pathway for employees to seek support for menstruation, fertility treatment, pregnancy loss, endometriosis, perimenopause and menopause.

For many employees, however, accessing an entitlement can be the beginning, not the end of a conversation. They may need to discuss the nature of support required, temporary flexibility, an adjustment to hours, location, uniform, temperature, travel or workload, and how their privacy will be protected. These conversations will often land first with managers, who may have had little preparation to discuss sensitive health matters without making assumptions, seeking unnecessary medical details or mishandling confidentiality.

Leave policies therefore need to be matched with manager capability, clear escalation pathways to HR and WHS, and practical guidance on responding consistently and respectfully. This is also reflected in ISO 45010’s focus on supportive culture, manager education, voluntary disclosure and workplace adjustments: an entitlement is valuable, but training is what helps it operate safely and meaningfully in practice.

Training is the vital

As stigma reduces, more people will ask for the support they need. That is progress, but only if managers are ready.

Training gives managers the confidence to listen without judgement, protect privacy, identify workable options, involve HR or WHS when required, and review adjustments fairly. It helps organisations retain experienced talent, reduce preventable absence and build the trust that makes early conversations possible.

The question for employers is no longer simply, “Is menopause specifically protected?”

It is: “What can we reasonably do to help this person remain healthy, productive and valued at work?”

Menopause Friendly Australia provides role specific CPD accredited training for managers, HR, WHS and champions across menopause and menstrual health. Download our menopause training brochure here or email us on hello@menopausefriendly.com.au to find out more.