The Facts

The EHRC's guidance explains what menopause and perimenopause is and how the associated symptoms can negatively impact a worker. Research by the Chartered Institute of Personnel and Development found that two thirds of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work. Of those who were negatively affected at work:

• 79% said they were less able to concentrate;
• 68% said they experienced more stress;
• nearly half (49%) said they felt less patient with clients and colleagues; and
• 46% felt less physically able to carry out work tasks.

As well as written guidance the EHRC guidance includes three "explainer videos". The videos explain how a worker experiencing menopause symptoms may be protected under the Equality Act 2010 (the Act). They also provide examples of workplace adjustments in practice and changes that employers can make to support workers and prevent discrimination; and provide guidance on having conversations about menopause.

The guidance summarises an employer's legal obligations under the Act, particularly in relation to the protected characteristics of disability, age and sex. It emphasises the potential risk of claims for failure to make reasonable adjustments, direct and indirect discrimination, harassment, and victimisation. It also highlights an employer's obligation to conduct a workplace risk assessment under health and safety legislation.

In a much publicised statement, the guidance states that menopausal symptoms could be considered a disability. This is not a new development, essentially it is just applying the definition of disability under the Act to the menopause. Not all symptoms will qualify, however, 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. Where a worker has a qualifying disability under the Act the employer has an obligation to make reasonable adjustments. The second video suggests that these may include:

• Changes to the physical work environment, such as room temperature and ventilation, providing rest areas and cooling systems, and the relaxing of uniform policies.
• Promoting flexibility, such as allowing working from home, changing shift patterns, and varying start and finish times.
• Recording menopause-related absence separately from other absence due to the potential discrimination risks of taking disciplinary or other action for such absence.

In addition the guidance also emphasises the importance of supporting all women during the perimenopause and menopause in an effort to attract and retain female talent. Further research by the Fawcett Society found that one in ten employed women left work due to menopause symptoms.

What this means for employers

While the guidance is non-binding it is a useful reminder for employers of existing legal obligations and provides good practical examples that employers should consider implementing to retain female talent and to avoid discrimination claims.

As menopause can affect women differently, appropriate support will depend on the individual circumstances. However, all employers should consider having a menopause policy, providing menopause training to managers and potentially wider workforce awareness training.

Menopause in the workplace: Guidance for employers | EHRC (equalityhumanrights.com)