Employers could be sued under disability discrimination laws if they fail to make reasonable adjustments for menopausal women to workplace and working practices, according to new guidance published by the Equality and Human Rights Commission.
This guidance aims to clarify employers legal obligations to its workforce. The EHRC says employers should consider flexible hours, relaxing uniform policies, allow affected employees to turn down thermostats and providing rest areas to help alleviate problems caused by difficulty sleeping and hot flushes, common symptoms of the menopause.
Failure to make adjustments could amount to disability discrimination under the Equality Act 2010, the EHRC said, if it means has a “long term” and “substantial” impact on employees ability to carry out their usual working activities.
The EHRC cited research showing one in 10 women who worked during the menopause were forced to leave their job due to symptoms. The same study also showed that two-thirds of women aged between 40 and 60 experience menopausal symptoms at work, which largely had a negative impact. The research said most of these women did not ask for adjustment to be made to working practices during this time because they were concerned about the employer’s potential reaction.
EHRC chairwoman Baroness Kishwer Falkner said the watchdog was “concerned both by how many women report being forced out of a role due to their menopause-related symptoms, and how many don’t feel safe enough to request the workplace adjustments”.
She added that employers “may not fully understand their responsibility to protect their staff going through the menopause”, and that the new guidance had been issued to provide advice on how they can support their staff.
The EHRC adds that taking disciplinary action against women for a menopause related-absence could amount to discrimination, and that language that ridicules someone’s symptoms could constitute harassment.
Employee benefits firm Pluxee UK says this guidance is a step int he right direction for more inclusive workplaces.
Pluxee UK director Graham James says: “Perimenopause and Menopause should not hinder employees’ career progression, but for 10% of menopausal women in work they do.
“Recognition of menopause as a workplace disability heralds an essential step in the right direction for equality and understanding in our workplaces.”
He adds: “The new guidance from the Equality and Human Rights Commission forces employers to reconsider policies and invest in making the corporate world more inclusive and supportive of the changes many women experience. It’s important to recognise that menopause isn’t a lifestyle choice, and some women suffer more severe symptoms than others. Providing a flexible policy to accommodate this is key.
“Organisations can also offer a dedicated Menopause Support Service as part of their EAP, and we’ve seen an overwhelmingly positive response from organisations that implemented it.”
A number of group risk and healthcare policies now offer access to specialist menopause services.
