The Equality and Human Rights Commission (EHRC) has published new guidance for employers regarding the effect of menopause in the workplace. The guidance seeks to inform employers of their legal obligations under the Equality Act 2010 (EqA 2010).
This article aims to summarise this guidance and to assist employers in understanding their responsibilities under EqA 2010.
Menopause and Perimenopause Explained
The menopause is when a woman’s period stops due to the lowering of hormone levels. This tends to affect women at an average age of 51 however, the menopause can happen earlier for several reasons such as genetics, surgery, cancer treatments or naturally for unknown reasons.
The perimenopause is when a woman has symptoms of the menopause, but periods have not stopped. The perimenopause ends and the menopause begins when there has been no period for 12 months.
What are the symptoms of the menopause?
The menopause and perimenopause can cause a range of both physical and psychological symptoms.
The menopause can affect women in different ways. The most common symptoms are heavy or irregular bleeding, hot flushes, night sweats, low mood, and bladder problems. One symptom for employers to also be conscious of is “brain fog” which is trouble with poor memory and concentration.
Impact at work
The EHRC have cited research in their guidance which states that two-thirds of surveyed working women between the ages of 40 and 60 reported experiencing negative impacts of menopausal symptoms in the workplace, with one in ten feeling compelled to leave their jobs as a result.
The EHRC intends to raise awareness of this issue as women rarely request workplace adjustments due to concerns over how such a request would be received by an employer.
Employers’ legal obligation
Under EqA 2010, a failure to make reasonable adjustments can amount to disability discrimination provided one can show that they have “a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”.
Employers need to be aware of this legal obligation to reduce the risk of a discrimination claim which can amount to hundreds of thousands of pounds. As the average working age increases, there is predicted to be an increased number of women in the workforce who experience menopause. An astute employer should be aware of the EqA 2010 and know ways in which they can protect their workers and in turn, themselves.
Employers also need to be aware that no action can lead to possible discrimination or other associated claims in the future. Types of claims associated with menopause can be; indirect discrimination for uniform policies (should it be to the detriment of a menopausal woman); how menopausal absence is recorded vs default sickness; and also language surrounding menopause.
Reasonable adjustments
The EHRC has cited several resources suggesting types of adjustments for employers to consider in order to proactively support menopausal women and in turn, retain their skills and experience.
The EHRC guidance suggests adjustments such as:
- Changes to “physical working environment” with consideration for room temperature and ventilation;
- Where possible, consideration for rest areas or quiet rooms;
- Implementation of cooling systems or fans for women experiencing hot flushes;
- Employers can support workers by relaxing uniform policies or allowing them to wear cooler clothing;
- Promoting flexibility will also help women experiencing menopausal symptoms such as allowing staff to work from home where possible;
- Employers can accept changes to shift patterns such as varying start and finish times (helpful for warmer days or if workers have had trouble sleeping).
Employment Solicitors at Howell Jones
If you are an employer conscious of your current policies related to menopause in light of the new EHRC guidance and you require further information in relation to this article, please contact our Employment Solicitors Team. Our employment lawyers, Chloe Baxter and James Watson can assist your business in respect of your current policies.
Through consulting a legal professional, your business will more likely be a business which is able to retain the talent of the ever-evolving workforce as well as minimise business-associated risks of employment claims and subsequent litigation.
