New EHRC Guidance on Menopause
How does menopause relate to the Equality Act and your legal obligations?
The EHRC has produced a new piece of guidance entitled Menopause in the workplace: Guidance for employers. This resource is designed to help employers understand their legal obligations in supporting workers experiencing menopausal symptoms.
This resource is now reflected in the following Handsam documents:
Resources from the EHRC are now available in our Quick Guide Library.
How Does the Menopause Relate to the Equality Act?
Workers experiencing menopause symptoms may be protected by the Equality Act 2010 and employers have legal obligations under this Act.
If someone has a disability, this means they have a condition that has a long-term and substantial impact on their ability to conduct normal day-to-day activities. Often, menopause can be contained in this category and can be considered a disability. Under the Equality Act 2010, the employer has a legal responsibility to make reasonable adjustments for the worker and to not discriminate against the worker on these grounds.
Specifically, the Equality Act lists age and sex as protected characteristics, meaning it is illegal to discriminate against anyone in the workplace based on age and sex. These qualities relate directly to menopause, therefore, any discrimination on these grounds is prohibited.
The EHRC states:
“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.”
Remember: if an employee's menopausal symptoms mean they have a disability, not accounting for them is classed as disability discrimination under the Equality Act 2010. Even policies you may already have in place e.g. a uniform policy, may disadvantage those experiencing menopausal symptoms in terms of age, sex and disability.
Those experiencing menopausal symptoms may need to take time off due to their symptoms or for things like GP appointments. Any disciplinary actions taken because of menopause-related absence could also be unlawful discrimination.
Implementing Workplace Adjustments
How should you begin to implement workplace adjustments? What changes should employers make to support workers and prevent discrimination? Here are a few things you can consider:
- Room temperature
- Ventilation
- Desk fans for people experiencing hot flushes
- Where possible, consider employing rest areas or quiet rooms
- Leniency with dress code, allowing people to wear cooler clothing
- Promote openness and flexibility with adjustments
- Allow staff to work from home where possible
- Make changes to shift patterns e.g. finishing earlier or later
- Using language that does not create a stigma or ridicule those with menopausal symptoms
All of these things can help, for example, on hot summer days or when a worker has had a bad night's sleep because of symptoms. Adjustments can even reduce the negative impact of menopause, e.g. brain fog, hot flushes and difficulty sleeping.
Making these simple changes does not need to be difficult or expensive. In fact, incorporating these changes and striving to become an inclusive workplace will help retain existing employees and even attract new ones.
Quick! What is Menopause?
Menopause is a normal stage of life that usually occurs around the age of 50 whereby menstrual periods stop and the production of oestrogen decreases. An estimated 13 million people are living with menopause in the UK, including women, trans people and intersex people.
Having the menopause means someone has been through 12 months without a period. In the UK, the average age for someone to reach menopause is 51.
Impact at Work
Many women have reported experiencing negative effects of menopausal symptoms in the workplace. This has impacted some women so much that they feel compelled to leave their jobs.
One in ten women who have worked during the menopause has left their job because of symptoms.
Two-thirds of menopausal working women aged between 40 and 60 say that menopause has had a mostly negative impact on them whilst at work.
Despite this, it is uncommon for employees to request reasonable adjustments during this time because they are fearful of how their workplace and employer will react.
More and more people are experiencing menopause whilst in employment; therefore, it is essential employers know their legal obligations and how they can support all of their employees. This also ensures that people of this demographic are able to keep progressing and benefitting in their careers.
The new EHRC guidance provides clarification on employers’ legal responsibilities when it comes to menopause. It offers practical tips on how to make workplace adjustments and eliminate the stigma at work.