Menopause in the workplace: new guidance

The Equality and Human Rights Commission (EHRC) has published new guidance on menopause in the workplace to help employers understand their legal obligations when supporting workers with menopausal symptoms.

It comes after a recent Employment Tribunal set a legal precedent by confirming that menopausal symptoms can amount to a disability under the Equality Act. 

What is the menopause?

Before we dive into the guidance, here’s a quick primer on the menopause.

Menopause is a natural process that occurs when a woman’s ovaries stop producing eggs, and the production of female hormones (oestrogen and progesterone) declines.

Women are considered to have reached menopause when they’ve gone twelve consecutive months without a menstrual period.

It usually occurs between the ages of 45 and 55 but it can affect younger women.

A period known as ‘perimenopause’ begins a few years before the last menstrual cycle. During this time, menstrual periods become irregular, hormone levels start to decline, and menopausal symptoms kick in.

The symptoms vary from person to person but can include hot flushes, anxiety, insomnia, problems with concentration and memory, fatigue, headaches, muscle and joint pains, and low mood.

Employers' legal obligations

EHRC’s guidance consists of a series of explainer videos outlining employers’ legal obligations, and advice on how to foster positive conversations about menopause.  

It says the following:

“under the Equality Act 2010, workers are protected from discrimination, harassment, and victimisation based on 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. They 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.”

Suggested measures

The guidance also sets out what charities can do to mitigate the impact of menopause on women at work.

The measures include:

  • Providing quiet rooms for rest

  • Introducing cooling systems or fans for women experiencing hot flushes

  • Relaxing uniform policies/ providing cooler clothing

  • Recording menopause-related absences separately from other absences.

  • Offering flexible working/varying shift patterns

  • Ensuring that adequate training is given to managers on how to support staff experiencing menopause

Evidence

The EHRC says there’s strong evidence to back up the need for menopause guidance, referencing research by the CIPD which found that two-thirds (67%) of working women between the ages of 40 and 60 have been negatively impacted at work by menopausal symptoms.

Of the 2,000 women surveyed:

  • 79% were less able to concentrate

  • 68% experienced more stress

  • 49% felt less patient with clients and colleagues

  • 46% felt less physically able to carry out work tasks

Separate research by the Fawcett Society found that one in ten women employed during menopause had to resign due to their symptoms.

Final Word

For some women, menopausal symptoms can be debilitating.

Employers need to be proactive in providing support and helping to break the taboo that exists around it.

We hope that EHRC’s guidance gives women the confidence to speak openly about their struggles and encourages employers to make constructive changes to their HR policies and working practices.

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