New EHRC guidance on menopause and the workplace: all you need to know
On 22 February, new guidelines were published regarding menopause in the workplace, highlighting available support mechanisms and the obligations employers have under the Equality Act 2010.
The guidance, released by the Equality and Human Rights Commission (EHRC), aims to offer actionable advice for employers on implementing reasonable adjustments and building a supportive dialogue about menopause.
Baroness Kishwer Falkner, the EHRC chair, said: “As Britain’s equality watchdog, we are concerned both by how many women report being forced out of a role [owing] 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.”
Why has the guidance been issued?
Lots of women have reported how much menopausal symptoms impact their working lives. CIPD research found that two-thirds (67%) of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work.
Of those who were negatively affected at work, 79% said they were less able to concentrate, 68% said they experienced more stress, 49% said they felt less patient with clients and colleagues and 46% felt less physically able to carry out work tasks.
More than half of respondents were able to think of a time when they were unable to go to work because of their menopause symptoms.
The EHRC emphasised the importance of support for employees dealing with menopause symptoms – not only to fulfil legal obligations but also to maintain the valuable contribution they make to the workforce. Appropriate support for employees experiencing these symptoms can help improve their engagement, productivity and job satisfaction, which has benefits for both the employer and employees.
Case study: Menopause as a disability?
The value and relevance of the guidance is illustrated by the EHRC’s support for Maria Rooney, a social worker who took extended sick leave due to menopause symptoms and received a formal warning, even though she’d told her employer about her symptoms.
She resigned, lodging claims connected to sex and disability discrimination, and in February 2022, the tribunal ruled she was disabled due to her menopausal symptoms combined with stress and anxiety.
The EHRC said: “If menopause symptoms have a long-term and substantial impact on a woman’s ability to carry out normal day-to-day activities, they may be considered a disability.
“Under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.”
It added: “Additionally, workers experiencing menopause symptoms may be protected from less favourable treatment related to their menopause symptoms on the grounds of age and sex.
“Employers are encouraged to carefully consider the guidance now available from the EHRC website and adapt their policies and practices accordingly, to ensure fairness and inclusivity in the workplace.”
What does the guidance say?
The guidelines suggest practical measures employers can take to support employees with the impact of menopause at work, such as:
- Providing rest areas and quiet rooms
- Introducing cooling systems or fans for women experiencing hot flushes
- Relaxing uniform policies
- Providing cooler clothing
- Promoting flexibility of location
- Varying shift patterns
A video accompanying the guidance emphasises the importance of fostering a workplace culture that encourages open discussions about menopause and requests for adjustments.
Why menopause support is so important – the legal implications
The video also explains the potential legal implications of failing to give the necessary support or to make reasonable adjustments.
The EHRC said: “Under the Equality Act 2010, workers are protected from discrimination, harassment and victimisation on the basis of protected characteristics including disability, age and sex.
“If menopause symptoms have a long-term and substantial impact on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability.
“They’ll also be under a legal obligation to not directly or indirectly discriminate because of the disability or subject the woman to discrimination arising from disability.”
Keep in mind that women experiencing menopause symptoms could also be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.
And, under Health & Safety legislation, employers have a legal obligation to conduct an assessment of their workplace risks, which could include the impact of menopause.
Download our menopause policy template
If you haven’t seen it already, here’s a reminder that we have a menopause policy template available for HR & Employment Law clients in Atlas – simply click here to download it.
