Employers could be sued if they fail to make “reasonable adjustments” at work for women going through the menopause, the equality watchdog has suggested.
The Equality and Human Rights Commission (EHRC) has issued guidance to bosses to clarify their legal obligations to women going through the menopause.
Hot flashes, brain fog and difficulty sleeping (all symptoms of menopause) can be considered a disability under the Equality Act 2010 if they have a “substantial and long-term impact” on a woman's ability to carry out her functions. usual daily activities. daytime activities, according to the EHRC.
“The commissioners who produced this report do not recommend any changes to the Equality Act 2010 – it is what underpins all of this – if you are discriminated against for being a menopausal woman, there are laws you can use to take employers to court. and take action against them,” Health Minister Maria Caulfield said during an interview on Good Morning Britain on Thursday.
Health Minister Maria Caulfield (right) during a visit to St George's Hospital in Tooting
(Lucy Norte/PA Wire)
The EHRC guidance also says workplaces should think about how ambient temperature and ventilation may affect their menopausal employees, and recommends providing safe, quiet rooms, cooling systems or fans for when women experience hot flashes, for example. example.
He added that employers could also offer more hybrid work and adjust start and end times to accommodate a woman who has had a bad night's sleep or when the weather is too warm.
These adjustments could also include relaxing uniform policies or allowing menopausal women to wear cooler clothing made from alternative materials.
“What we are trying to do (I am chair of the menopause task force) is change the workplace culture, because we are losing one in 10 menopausal women, and these are our most experienced women. And when you talk to the vast majority of employers, they say they want to keep women in the workplace, but they don't know how to do it,” Caulfield said.
So what are the legal rights of women going through menopause at work? Experts share everything you need to know.
Symptoms of menopause
According to a doctor
According to Dr Louise Newson, GP and menopause specialist, symptoms vary from woman to woman. Some people do not have symptoms, while the vast majority of women do.
“The main symptoms of menopause that affect women in the workplace are memory loss, anxiety and fatigue. “We know that, in general, patients primarily have to deal with symptoms that affect their brain,” Newson said.
“There is also lack of sleep, lack of concentration, inability to multitask, brain fog and joint pain. Itchy and dry skin, headaches, migraines, just to name a few. So it doesn't take much to understand why more support is needed.”
What rights do women have during menopause?
“As defined by the Equality Act 2010, a disability is a physical or mental impairment that has a 'substantial' and 'long-term' adverse effect on your ability to carry out normal daily activities, which has lasted or, in the medical opinion “It's likely to last at least 12 months,” said Sarah Tahamtani, partner and head of employment at national law firm Clarion.
“People with disabilities are legally protected in various ways. For example, employers must avoid unjustified unfavorable treatment because of something arising from a disability, as well as take positive steps to make reasonable adjustments for those who suffer substantial disadvantage due to a disability.”
How can employers better support their employees?
Tahamtani believes it is good practice for human resources teams to consider the impact symptoms may have on an individual woman.
In some cases, HR professionals should also consider bringing in early medical experts for support.
“Workplaces should also implement specific and robust internal policies to ensure that those going through the menopause are fully supported. When creating policy, consider how you define menopause and highlight common symptoms,” she says.
“In addition to this, the impact of seemingly neutral policies must also be thought about and, if necessary, re-evaluated to ensure they are inclusive.”
“Beyond that, consideration could be given to what reasonable adjustments can be made, including greater flexibility around when and where people can work and work requirements, as well as providing equipment, customized uniforms and temperature screening if necessary.” .
Tahamtani notes that while policies are essential, it is also vital to create an honest and open culture where women feel comfortable enough to approach colleagues and human resources staff with their concerns about menopause symptoms.
“Feedback sessions, implementing peer-to-peer networking and personalized training for managers on the topic are key to this,” he said.
“Implementing a piece of training and education across the organization is crucial as line managers need to understand the common symptoms and the impact they can have on employees, as well as how these challenges can be sensitively addressed.
“While some women will continue to prefer not to talk about menopause or its symptoms, organizations must still make the workplace a safe space for those going through it.
“Taking these steps not only fosters an open and honest culture for employees, but also helps protect companies from complaints.”
