EHRC GUIDANCE ON MENOPAUSE IN THE WORKPLACE

We last reported on menopause in the workplace in our January 2023 copy of HR Matters when Government responded to the Women and Equalities Committee Report (the ‘WEC Report’) published in July 2022.  Since then, management of the menopause has continued to be a developing area for employers with the latest being guidance issued by the equality ‘watchdog’ the Equality and Human Rights Commission (EHRC).
 
For women who experience menopausal symptoms, it isn’t possible for them to ‘leave them at home’ and so awareness and effective management of menopause in the workplace is essential. Getting it right will help to maintain a stable, productive workforce and help to keep women (of whom those over 50 represent the fastest-growing segment of our workforce) in the workplace.  Statistics quoted by the EHRC state that one in ten women felt they had to leave work due to the effects of the menopause, although it is likely that the actual figures are much higher.  The report also states that two thirds of women consider that their menopausal symptoms have had a negative impact on them at work and only 12% of women felt able to ask for reasonable adjustments to help manage their symptoms.
 
The EHRC guidance
This latest EHRC guidance is provided in a straightforward, accessible manner with three, short ‘explainer videos’, summarised below.  The first summarises the legal obligations that employers are under in accordance with the Equality Act 2010, the second deals with workplace adjustments and seeking to prevent discrimination in the workplace and the third contains useful practical examples of a recommended approach to helping menopausal women in the workplace.
 
Menopause and the Equality Act 2010
It is possible that a menopausal woman could be protected under the Equality Act 2010 because of her age, sex and/or disability (if her symptoms have a long term and substantial impact on her ability to carry out normal day-to-day activities).  Therefore there are a number of possible protected characteristics which could engage the protection of the Equality Act 2010.  
 
As with any employee who has a protected characteristic, employers are under a legal obligation not to discriminate, harass or victimise menopausal women.  If the menopausal symptoms constitute a disability, the employer will also be under a duty to make reasonable adjustments and not to treat her less favourably because of something arising from her disability. 
 
In respect of considering whether an employee could be disabled under the Equality Act 2010, it is important for employers to approach menopause on a case-by-case basis as no two women are the same.  Furthermore a woman’s symptoms can increase or decrease or change altogether over the course of her menopause.  It is therefore crucial to keep an open mind and flexible approach to the question of whether an employee may be disabled as per the Equality Act 2010 definition (as summarised above).
 
Workplace Adjustments and Preventing Discrimination
The video gives some useful examples of fairly minor, low cost adjustments to the physical environment that could significantly help women experiencing menopausal symptoms in the workplace.  Examples given are considering ventilation and temperature control and providing rest spaces or quiet areas.  Uniform policies could be relaxed year-round or during particularly hot spells.  An employer can also consider varying start/finish times or allowing flexibility about where the woman works.
 
In order to mitigate possible discrimination claims, it is recommended that menopause related sickness is recorded separately from other sickness and that consideration is given to policies that may indirectly discriminate against menopausal women e.g. uniform policies which have the effect of disadvantaging menopausal women.  
 
An employer who gets it wrong is likely to fail to retain and attract talent and may end up spending ‘hundreds of thousands’ of pounds in defending claims and replacing staff.
 
Conversations about the Menopause
The guidance emphasises the benefit and importance of creating an open, safe environment to discuss menopause at work. It makes the valid point that all staff, male and female, should be included and how an employer should also ensure it considers how it can help its male workforce who may be supporting a menopausal woman either at home or in the workplace. 
 
Ideas for promoting an environment that encourages discussion are menopause training sessions such as ‘lunch and learn’ training for all staff. Well-considered policies which are regularly communicated and updated are also key.  An employer could create a menopause network which would promote a safe space to discuss menopause and it should provide regular 1:1 meetings with employees who are struggling with the menopause.
 
Conclusion
This practical, straightforward guidance from the EHRC is a further welcome development in the area of menopause in the workplace.   Putting such guidance into practice is important, as is getting it right.  It can be costly for employers who fail to do so both in terms of the negative impact to the workforce and dealing with claims for discrimination. 
 
Please contact us with any questions as to how to manage menopause in the workplace and for tailored advice and guidance.
 
Source:
https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers#conversations-about-the-menopause