Menopause support matters

An issue that has long caused issues for women in the workplace has been the symptoms of menopause. Research suggests that 60% of women who have experienced menopause symptoms feel that this has had a negative impact on them at work.

In February of this year, the Equality and Human Rights Commission (EHRC) published new guidance to encourage making reasonable adjustments to workplaces and promote positive and effective communications about menopause related symptoms.

In 2022, an employment tribunal decided that symptoms of menopause could, if meeting the definition provided in the Equality Act 2010, be a disability. The definition of disability in the Equality Act covers anything that has a substantial, longterm impact on a person’s ability to carry out day-to-day activities.

There is a legal obligation to make reasonable adjustments for someone with a disability in the workplace, in addition to ensuring that they suffer no detrimental treatment or potential discriminatory behaviour. The guidance published by the EHRC provides some assistance in looking at what these reasonable adjustments could be and what considerations should be made when discussing potential adjustments with employees.

This guidance also provides some examples of the type of reasonable adjustment that could be made, such as alterations to the physical working environment, including fans, providing a quiet or rest area, and relaxing uniform policy. Additionally, it also recommends flexibility and consideration, if possible, of an adjustment to shift patterns or start/finish times of the employee if their sleep has been affected.

Clearly, these adjustments may not apply to all people with symptoms of menopause, and not all symptoms would fit the definition of a disability. As such, there can be no ‘one-size-fits-all’ process. Communication with the staff members is key to both understanding the symptoms being experienced and what adjustments may be needed to support each employee.

On top of adjustments to the role or workplace, employers also need to be mindful of how menopause symptoms could impact on wider decision-making. The EHRC guidance recommends that any absences related to symptoms of menopause are recorded separately, with no disciplinary action taken for this absence. Alternatively, it suggests that any triggers in the absence management policy be adjusted to prevent employees suffering a detriment as a result of their potential disability.

Conversations about performance, or any performance improvement plan, should also consider any symptoms the employee has raised that could have an impact on this. Failing to take any symptoms into account or obtain further medical opinion on the impact this could have could be considered to be discriminatory.

When considering any action to be taken against any employee who may be affected, please contact Law-Call for specific advice.

Along with having a menopause policy, outlining how any employee experiencing symptoms could be supported, it’s strongly encouraged that all employees are included in both formal and informal conversations about menopause, alongside the provision of regular training. This will help establish a culture of open communication, where employees are confident to raise any issues and share experiences.

Ensuring that all employees are included in conversations is also vital to ensure that the workplace is supportive and understanding. This can also help to prevent any comments being made by other staff that could be potentially deemed as discriminatory on the grounds of disability, sex or age.

The guidance on the EHRC website contains three short videos alongside the written guidance: www.equalityhumanrights.com/guidance/menopause-workplace-guidanceemployers.

All Alliance members can contact the team at Law-Call for legal advice. You can find their contact details in the members’ area of our website at portal.eyalliance.org.uk.