Recent research has found that one in ten women who worked during the menopause had to leave their job because of their symptoms or because they didn’t feel ‘safe’ enough to request the workplace adjustments.
The Equality and Human Rights Commission (EHRC) has emphasised the need for an employer to make reasonable adjustments where a worker’s menopause symptoms amount to a disability.
What is a disability?
The EHRC states that menopause symptoms – which can range from hot flushes to sleep problems – can be considered a disability if they have a long-term and substantial impact on a woman’s ability to carry out normal daily activities.
Employer’s legal obligation
Employers have a legal obligation to make reasonable adjustments in the case of a disability, and they must ensure they do not directly or indirectly discriminate against a woman – or any employee – because of a disability.
Reasonable adjustments for menopausal symptoms could include:
• allowing flexibility over an employee’s start or finish times,
• providing a fan, or
• allowing working from home.
Menopause employer guidance
Employers need to be aware that:
• menopause symptoms may be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.
• they have a legal obligation under health and safety laws to conduct an assessment of workplace risks, which should take into account the risks to menopausal women.
The EHRC also recommends the following:
• flexibility around start and end times should be considered to support women, particularly if their sleep has been disrupted.
• working from home should be allowed where possible.
• menopause-related absence should be recorded separately from other types of absence – disciplinary action resulting from menopause-related absence could be considered unlawful.
• open conversations about menopause should be encouraged and involve all workers, not just managers and menopausal women, which could be done through training or “lunch and learn” sessions, as well as conversations in less formal settings.
• workplace environment, such as room temperature and ventilation, should be considered.
• rest areas or temperature-controlled areas should be introduced where possible, and uniform requirements should be relaxed to avoid any disadvantaging of menopausal women.
In a nutshell:
The EHRC guidance published today will assist employers to do the following:
• put support mechanisms in place to retain and safeguard the wellbeing of some of their key members of staff, typically at the peak of their career – and consequently reduce the risk of claims.
• educate their workforce about menopause related issues and have proper policies in place that deal with banter, victimisation and discrimination in all its guises.
How will tribunals deal with discrimination claims on grounds of menopause?
• A CFO at a fintech company recently won an age and sex discrimination claim after she was described by her CEO as menopausal.
• A former Direct Line employee won her claim after her employer failed to make reasonable adjustments when she began experiencing menopause-related concentration issues.
For advice or a menopause policy for your staff handbook, contact nicola.goodridge@goodhr.co.uk or call +44(0)7917 878384
