On 22 February 2024, the Equality and Human Rights Commission (EHRC) published new guidance on menopause in the workplace. The EHRC's aim is to help employers understand their legal obligations when "supporting workers experiencing menopausal symptoms".

Why is this guidance important?

With the number of women experiencing menopause in the workplace rising, it is becoming more important for employers to know how to effectively support these individuals. Historically, a large portion of women have struggled with their work or, at worst, have felt they cannot continue with their careers because of their menopause symptoms. Today, more and more women are speaking out about how menopause affects them, vocalising the impact of the symptoms they have to manage and, importantly, how these affect their ability to work. Employers are expected to be listening to these individuals, creating a safe space for them to express how they are feeling and understanding how they can be better supported in the workplace.

The EHRC's new guidance refers to research published by the Fawcett Society and the Chartered Institute of Personnel and Development. The statistics provided by those organisations are alarming. The surveys revealed that one in 10 women who worked during their menopause ended up leaving their jobs due to the symptoms¹ and 67% of women who had experience of menopausal symptoms said that those symptoms had a mostly negative effect on them at work.²

The sense from the research is that many women do not feel comfortable requesting workplace adjustments for menopause symptoms as they are concerned about the response that they might receive from their colleagues. The guidance seeks to change this position, clarifying an employer's legal obligations, providing practical tips on making reasonable adjustments and fostering positive conversations about menopause between employers and workers.

What does the guidance suggest?

To achieve these aims, the guidance explains the symptoms of menopause and perimenopause, outlining their differences, and summarises an employer's legal obligations under the Equality Act 2010 (EqA 2010). The guidance suggests that women who have menopause may be protected from unlawful discrimination under the EqA 2010 because of their age, sex and disability.

Importantly, the guidance emphasises to employers the risks of "getting it wrong". Employees may have grounds to raise claims against them for failing to make reasonable adjustments, direct and indirect discrimination, harassment and victimisation. The guidance also reminds employers of the requirement to conduct a workplace risk assessment under health and safety legislation.

As well as the written guidance, the EHRC has created three short videos with further information on issues surrounding menopause which may arise in the workplace. The first video explains how a worker experiencing menopause symptoms may be protected under the EqA 2010, the second provides examples of adjustments employers can make to support workers experiencing the menopause, and the third provides guidance on having conversations about menopause.

There is a particularly helpful section in the second video setting out the EHRC's suggestions for workplace adjustments, giving employers examples of the types of measures that can be introduced to assist those with menopausal symptoms at the workplace. These include:

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

This list is not intended to be exhaustive of the measures that may assist.

Building on this, the third video advocates open conversations about menopause, involving all workers rather than just those in management roles. Whether these conversations take place through formal training, lunch and learn sessions, or other opportunities, there is a drive for initiatives to be rolled out to allow workers to discuss their experiences and get support. Employers can assist this by encouraging staff networks and creating an environment where workers feel able to talk about their symptoms and request workplace adjustments.

In addition, the introduction of menopause policies by employers, which are widely and regularly communicated to workers, is recommended to outline the support available and provide guidance.

Menopause as a disability?

While this point has raised some debate, if menopause symptoms have a long-term and substantial impact on a woman's ability to carry out normal day-to-day activities, they may be considered a disability. As such, under EqA 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against workers experiencing menopause symptoms directly or indirectly. Each case is dependent on its own facts and employers should ensure that they follow their internal policies and the EHRC guidance to handle these matters fairly. 

1. https://www.fawcettsociety.org.uk/menopauseandtheworkplace ↩
2. https://www.cipd.org/uk/knowledge/reports/menopause-workplace-experiences/ ↩