The Equality and Human Rights Commission (EHRC) has recently issued guidance which has stated that menopause symptoms can be considered a disability and that employers could face a claim for disability discrimination if they don’t make “reasonable adjustments”.
The EHRC stated that symptoms could amount to a disability if they have a significant and long-term effect on a woman’s ability to carry out their day-to-day work responsibilities. Employers are legally obligated to make reasonable adjustments for and to not directly or indirectly discriminate against disabled employees under the Equality Act 2010.
The EHRC has further indicated that employers should provide workers experiencing menopause symptoms with suitable changes, such as providing rest areas, flexible hours, or relaxing their dress code to allow cooler clothes to be worn.
The EHRC has stated if any employer takes disciplinary action against a woman for a menopause absence then this could also amount to disability discrimination, and that language that mocks someone’s symptoms could constitute harassment.
Additionally, employers have a legal obligation to carry out an assessment of their workplace risks under health and safety legislation.
A video outlining the guidance states:
“The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”
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.”
Research and statistics:
In its guidance, the EHRC cited research showing that of those surveyed:
- One in 10 women who worked whilst going through the menopause were forced to leave their job as a result of their symptoms.
- Two-thirds of women in employment between the ages of 40 and 60 with experience of menopause symptoms specified that they have had a mostly negative impact on their employment. Only a few asked for reasonable adjustments to be made due to concerns about the potential reaction from employers.
What action should I be taking as an employer?
Employers need to have an open dialogue with their employees and for employees to feel like they can speak to their employers about health-related issues such as menopause.
Having steps, procedures, and support in place to help staff affected by menopause is imperative. Also, having regular conversations and listening to their concerns can help resolve any issues early rather than employees resorting to resigning, raising grievances, and even taking legal action.
As referenced in the guidance, even though menopause itself is not a protected characteristic under the Equality Act, discrimination could still take place if an employee is put at a disadvantage or treated less favourably because of their menopause symptoms. This is because menopause may be linked to several protected characteristics, including:
- Age
- Disability
- Gender reassignment
- Sex
Therefore, employers are advised to have systems in place and ensure regular conversations are had about menopause in the workplace to ensure employees feel comfortable raising concerns and feel supported.
How can we help?
Laura Kearsley is a Partner in our expert Employment Law team. Laura has a strong reputation in all aspects of employment law, including Employment Tribunal litigation, discipline and grievance issues, and unfair and constructive unfair dismissal claims, and has particular experience in developing HR support services for businesses.
If you would like any advice concerning the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
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