Employers can now be sued for not putting in place appropriate support for employees going through the menopause which can be described as a disability following recent case law. Employers now have legal obligations under the Equalities Act 2010.
New guidance was released by Equality of Human Rights Commission on 22nd February 2024. You can read their guidance here.
Why is it important to provide support for the menopause at work?
It is now a legal obligation for all employers to provide support for women going through the menopause. Failure to do so, can result in significant financial penalties arising from employment tribunal claims. There is no cap on penalties associated with disability discrimination.
With employment rates for women aged 50 – 64 increasing from 46.9% in 1992 to 66.3% in 2023, more women are experiencing menopause during their working lives than ever before. Two thirds of working women going through the menopause stated their symptoms have had a mostly negative impact on them at work, with some even feeling compelled to leave their jobs as a result. It is therefore within the employer’s best interests to put in place appropriate support to ensure that they help to improve health and wellbeing in the workplace thus ensuring that they are getting the best out of their employees whilst also reducing staff turnover.
When is the menopause classed as a disability?
Symptoms of menopause vary, with some women not experiencing any adverse symptoms, with others experiencing very severe symptoms impacting upon their ability to carry on with their daily activities.
As such, in some cases menopause can be a disability and to determine this, a Tribunal would need to consider whether the symptoms of menopause satisfy the test for disability which is whether the impairment has a substantial and long-term adverse effect on a person’s ability to carry out day-to-day activities.
Other associated discrimination claims
If employees experiencing menopause symptoms experience less favourable treatment, it is possible that they also have a discrimination claim on the grounds of their age and/or sex.
Making workplace adjustments and preventing discrimination
Here are some workplace adjustments which could help to support employees experiencing the menopause:
- Cooler temperatures – e.g. located next to a window; fans
- Provision of a rest/quiet room
- Relaxing uniform policies e.g. breathable cooler clothing
- Flexible working e.g. working from home; variable start/finish times which may be helpful when employees have a poor nights’ sleep and during hot weather
- Implement a Menopause Policy committing to provision of support and training to help prevent discrimination and victimisation
Formal Sanctions
Taking formal action against an employee who is experiencing the adverse effects of the menopause e.g. relating to poor performance or attendance may be unlawful unless it is justified. Employers should take advice from Human Resources when considering this.
Training
Employers need to recognise the impact of menopause in the workplace and protect against any harassment or victimisation at work. To do this they should provide training for employees and managers in things like avoiding use of discriminatory language, explaining what the menopause is and how symptoms can adversely affect working lives and behaviour. The training should also highlight what support is available for those experiencing the menopause and encourage open conversations about it.
What practical steps can employers take?
If an employee is experiencing adverse effects of the menopause, their manager should refer the employee to their occupational health provider at an early stage asking how their symptoms may impact upon their performance at work, whether the Equalities Act is likely to apply and what workplace adjustments they could recommend helping to support the employee.
Contact Us
For help, advice and guidance on how you can ensure you are legally compliant, get in touch with Cheviot HR.