In a significant move towards workplace equality, employers in the UK could now face legal action for disability discrimination if they fail to make “reasonable adjustments” to support women going through the menopause.
The Equality and Human Rights Commission (EHRC) has recently issued guidance which states that symptoms of the menopause may be considered a disability under the Equality Act if they have a “long term and substantial impact” on a woman’s ability to carry out day-to-day activities. It also states that menopausal women should be protected from discrimination on grounds of age and sex.
Approximately 13 million women in the UK are aged between 45 and 55 and are either currently experiencing or have gone through the menopause, the equivalent of one third of the female population. Menopause occurs as a result of a drop in hormone levels which can affect women in a variety of ways, including their ability to work effectively.
Baroness Falkner of Margravine, Chairwoman of the EHRC, 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 workplace adjustments”.
The new guidance recognises that fluctuations in emotions, difficulty sleeping, hot flushes, and cognitive challenges, such as “brain fog” and problems with concentration, all of which are commonly associated with the menopause, can significantly impact how women are able to function at work.
One recommendation is to encourage a more flexible approach to work, for example, allowing women to work from home or enabling them to start later in the day, if they are struggling to sleep. Another is adjusting room temperatures and improving ventilation for those experiencing hot flushes, as well as relaxing dress codes, to enable cooler clothing to be worn.
The guidance also explicitly warns against disciplinary action on the grounds of menopause-related absences and the use of derogatory language or behaviour towards menopausal women, which may constitute harassment in law.
Whilst the new guidance is considered by the EHRC to mark a crucial step towards ensuring workplace inclusivity and support for women experiencing the menopause, the move to define what is effectively a natural stage of life as a disability has prompted some debate amongst the medical community about whether this is helpful or appropriate.
Mariella Frostrup, Times Radio Presenter and Chairwomen of the Menopause Mandate, said “this feels in many ways like a step backwards. Menopause is not a disability it’s a staging post of women’s fertility journey that like all the others from puberty upwards needs to be factored in to how we create a modern workplace”.
It has been argued by some MP’s that a better alternative would be new laws to ensure employers have specific workplace policies in place, to include a provision for “menopause leave” and indeed many employers have adopted menopause-friendly policies, including the NHS, which in 2022 issued guidance around the provision of uniforms with breathable fabric to nurses and doctors.
In our experience, however, practical guidance and training for managers to promote a better understanding of the issues associated with the menopause, the sources of support available, as well as an increased awareness around the fact that poor treatment of someone experiencing menopause symptoms could lead to a claim of discrimination, is likely to be a more practical and effective approach. This will also help to cultivate a positive culture of empathy, understanding and flexibility amongst the workforce.
Author: Caroline Cleal, Lead Associate
