The Equality and Human Rights Commission (EHRC) has recently released comprehensive guidance concerning menopause in the workplace, outlining both the support options available and the legal obligations employers must adhere to under the Equality Act 2010.

Authored by Baroness Kishwer Falkner, Chair of the EHRC, the guidance aims to offer practical insights into making reasonable adjustments and fostering open dialogues surrounding menopause in various professional environments.

Baroness Falkner emphasised the importance of employers understanding their legal duties, stressing that many organisations may not fully grasp their responsibility to support staff experiencing menopause. The guidance seeks to clarify these legal obligations while providing advice on best practices for supporting employees going through this transition.

The Background

Research indicates that many women experience negative impacts of menopausal symptoms in the workplace, with some feeling compelled to leave their positions as a result. Despite this, few employees request workplace adjustments during this time due to concerns about potential reactions.

The EHRC highlights the growing number of women experiencing menopause while employed and stresses the necessity for employers to understand how to support workers during this phase. Not only does this ensure compliance with legal responsibilities, but it also enables women in this group to continue contributing effectively and benefiting from their work.

Legal Implications and Case Law

The EHRC’s guidance underscores the legal implications of failing to provide necessary support or make reasonable adjustments. Menopause symptoms that have a significant and long-term impact on a woman’s ability to carry out daily activities may be considered a disability under the Equality Act 2010.

Employers are thus obligated to make reasonable adjustments and refrain from discrimination based on age, sex, or disability. The guidance draws attention to the case of Maria Rooney, a social worker who successfully argued that her menopause symptoms constituted a disability in the workplace, setting significant precedent for employers. EMPLOYMENT TRIBUNALS (publishing.service.gov.uk)

Suggested Measures

To better support employees experiencing menopause, organisations can implement a range of measures:

1. Provision of Rest Areas: Designated spaces where employees can take short breaks to rest and manage their symptoms.
2. Introduction of Cooling Systems: Installing fans or air conditioning units in workspaces to alleviate hot flushes and provide a comfortable environment.
3. Relaxation of Uniform Policies: Flexible dress codes that allow employees to wear clothing suitable for managing their symptoms, such as lightweight and breathable fabrics.
4. Offering Cooler Clothing Options: Providing access to clothing items that help regulate body temperature, such as cooling vests or moisture-wicking fabrics.
5. Promotion of Flexibility in Location: Allowing employees to work in environments where they feel most comfortable, whether it’s in a quiet room or a space with adjustable temperatures
6. Variation in Shift Patterns: Offering flexible scheduling options that accommodate fluctuations in energy levels and symptom severity.
7. Education and Awareness Programs: Providing training sessions or workshops to educate staff and raise awareness about menopause, its symptoms, and how to support colleagues going through this transition.
8. Creation of Support Networks: Establishing peer support groups or confidential counseling services where employees can seek advice, share experiences, and access resources related to menopause.

By implementing these measures, organizations can create a supportive and inclusive environment that enables employees experiencing menopause to continue contributing effectively while managing their symptoms.

Employers may risk breaching equity laws unless they provide reasonable adjustments for those experiencing menopause. Here’s how:

• If menopause symptoms have a long-term impact on a woman’s ability to carry out daily activities, they could be considered a disability
• An employer has a legal obligation under the Equality Act 2010 to make reasonable adjustments and not discriminate against the worker
• Failure to accommodate the workplace environment for those experiencing menopause symptoms could amount to disability discrimination
• Workplace policies that disadvantage those experiencing menopause could amount to indirect age, sex or disability discrimination
• Taking disciplinary action because of menopausal absence could amount to unlawful discrimination

Using language that ridicules workers in relation to to their menopausal symptoms could be harassment related to age, sex or disability

Its guidance states: ‘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.

‘If menopause symptoms amount to a disability, an employer will be under a legal obligation to make reasonable adjustments.

Employers will 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.’ It adds that under health and safety legislation, ’employers also have a legal obligation to conduct an assessment of their workplace risks’.

Conclusion

In conclusion, the EHRC’s guidance on menopause support in the workplace serves as a vital resource for employers across various sectors. By understanding their legal obligations and implementing supportive measures, employers can ensure that women experiencing menopause are treated fairly and can continue to thrive in a positive and inclusive work environment.

Employers risk breaching equity laws if those experiencing menopause aren’t accommodated
Hi Paulette 

This is the Guidance first guidance on menopause in the workplace. Chairman Baroness Falkner said, “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.”

For further insights, the CIPD’s Menopause in the Workplace report Menopause in the workplace | CIPD also provides additional information on this important topic.

Bywater Kent Support Services Ltd has the Menopause at Work Course running on Monday 11th March 2024 between 10am and 1pm – course venue Bracken Edge Primary. Please email training@bywaterkent.co.uk for further information or to request a place (link below)

Bywater Kent 2023_2024 Training Offer!!! – Bywater Kent