Equalities regulator issues advice for employers on menopause and Equality Act

The Equality and Human Rights Commission (EHRC) has issued guidance on menopause in the workplace, setting out employers' legal obligations under the Equality Act 2010.

The EHRC said research had shown that one in ten women surveyed who have worked during the menopause have left their jobs due to symptoms, while 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.

“However, very few workers request workplace adjustments during this time, often citing concerns about potential reactions,” the regulator said.

“As the number of women experiencing menopause while in employment increases, it is essential that employers know how to support workers experiencing menopause symptoms. Not only does this ensure they meet their legal responsibilities, but also that women in this group are able to continue to contribute to the workplace and benefit from work.”

The EHRC said its new guidance aimed to “clarify these legal obligations and provide practical tips for employers on making reasonable adjustments and fostering positive conversations about the menopause with their workers”. 

The regulator noted that 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. It added that under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.

Additionally, workers experiencing menopause symptoms may be protected from less favourable treatment related to their menopause symptoms on the grounds of age and sex.

The Equality and Human Rights Commission is also supporting the claimant in an alleged case of menopause discrimination, brought against Leicester City Council and currently awaiting judgment from the employment tribunal in Leicester.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality watchdog, we are 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. 

“An employer understanding their legal duties is the foundation of equality in the workplace. But it is clear that many may not fully understand their responsibility to protect their staff going through the menopause. Our new guidance sets out these legal obligations for employers and provides advice on how they can best support their staff.  

“We hope that this guidance helps ensure every woman going through the menopause is treated fairly and can work in a supportive and safe environment.”