New menopause guidance for employers from the Equality and Human Rights Commission (EHRC) has emphasised the need for reasonable adjustments where a worker’s symptoms amount to a disability.
The equality watchdog’s Menopause in the workplace: guidance for employers states that menopause symptoms – which can range from hot flushes to sleep problems – can be considered a disability if they have a long-term and substantial impact on a woman’s ability to carry out normal daily activities.
Employers have a legal obligation to make reasonable adjustments in the case of disability, and they must ensure they do not directly or indirectly discriminate against a woman – or any employee – because of a disability.
Reasonable adjustments could include allowing flexibility over an employee’s start or finish times, providing a fan, or allowing working from home.
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The EHRC cited research from the Fawcett Society that found one in 10 women who worked during the menopause had to leave their jobs because of their symptoms.
The menopause guidance for employers also reminds organisations that menopause symptoms may also be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.
Under health and safety legislation, employers also have a legal obligation to conduct an assessment of workplace risks, which should take into account the risks to menopausal women.
Baroness Kishwer Falkner, chair of the EHRC, said: “As Britain’s equality watchdog, we are concerned both by how many women report being forced out of a role due to their menopause-related symptoms and how many don’t feel safe enough to request the workplace adjustments.
“An employer understanding their legal duties is the foundation of equality in the workplace. But it is clear that many may not fully understand their responsibility to protect their staff going through the menopause. Our new guidance sets out these legal obligations for employers and provides advice on how they can best support their staff.
“We hope that this guidance helps ensure every woman going through the menopause is treated fairly and can work in a supportive and safe environment.”
The EHRC also recommends that:
- flexibility around start and end times should be considered to support women, particularly if their sleep has been disrupted
- working from home should be allowed where possible
- menopause-related absence should be recorded separately from other types of absence. Disciplinary action resulting from menopause-related absence could be considered unlawful.
- open conversations about menopause should be encouraged and involve all workers, not just managers and menopausal women. This could be done through training or “lunch and learn” sessions, as well as conversations in less formal settings
- workplace environment, such as room temperature and ventilation, should be considered
- rest areas or temperature-controlled areas should be introduced where possible, and uniform requirements should be relaxed to avoid any disadvantaging menopausal women.
Safeguarding wellbeing
Emmanuelle Ries, an employment partner at law firm Kingsley Napley, welcomed the guidance and said the firm had seen an increase in queries about menopause from employers and employees.
She said: “The EHRC guidance published today will assist employers to put support mechanisms in place sooner rather than later, not only to reduce the risk of claims but also to retain and safeguard the wellbeing of some of their key members of staff, typically at the peak of their career.”
Ries added: “Inclusive employers should also be educating their workforce about menopause related issues and have proper policies in place that deal with banter, victimisation and discrimination in all its guises.
Without the proper support, many women find themselves questioning whether they can continue with full-time work or may consider stepping back and taking a less senior role,” – Vicky Walker, Westfield Health
“Given the societal conversation that is happening on the menopause, those who are at this stage in their life are willing to be increasingly vocal about their challenges and assertive of their rights. Employers need to alive to this from a risk and retention perspective.”
Vicky Walker, group director of people at Westfield Health, described the menopause as a “serious workplace wellbeing issue”.
“Without the proper support, many women find themselves questioning whether they can continue with full-time work or may consider stepping back and taking a less senior role. That’s why it’s crucial that employers make their people feel better supported by building a culture of open communication and providing clear channels for employees to seek advice,” she said.
Lauren Berkemeyer, CMO at employee benefits and insurance provider YuLife, said there is a glaring lack of policies and resources for women’s wellbeing.
“To address this gap, workplaces need to foster an open discussion on menopause support, providing employees with access to comprehensive benefits and support systems,” she said.
“It’s crucial to recognise the impact that menopause has on employees’ wellbeing, and consequently, their productivity. YuLife advocates for fostering an open and supportive environment, where discussions surrounding menopause are destigmatised and encouraged.”
Last year the government faced backlash after it rejected calls to make menopause a protected characteristic under the Equality Act 2010. It said that sex, age and disability are all covered by the Equality Act and provide protection against unfair treatment of menopausal employees.
A CFO at a fintech company recently won an age and sex discrimination claim after her CEO described her as menopausal, and former Direct Line employee won nearly £65,000 in compensation after it failed to make reasonable adjustments when she began experiencing menopause-related concentration issues.
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