Businesses could be sued if they fail to make adjustments for menopausal women

Bosses should consider how workplace factors such as room temperature, ventilation, uniform and working hours could affect menopausal staff

Businesses could be sued if they fail to make “reasonable adjustments” for staff going through the menopause, the equalities watchdog has suggested.

The Equality and Human Rights Commission (EHRC) urged bosses to consider how factors such as room temperature and ventilation may affect menopausal women. Employers should also think about providing rest areas or quiet rooms, as well as cooling systems or fans for women experiencing hot flushes, the guidance states.

Women could also be helped by flexible working, including being allowed to work from home, while start and finish times should be varied if a woman has had a bad night’s sleep or it is a hot day.

EMBARGOED TO 0001 FRIDAY NOVEMBER 17 PICTURE POSED BY A MODEL File photo dated 09/03/15 of a woman with her hands covering her face. Women should be offered talking therapy on the NHS to combat the symptoms of menopause, according to new guidance. Issue date: Friday November 17, 2023. (PA Wire)

Relaxing uniform policies or allowing menopausal women to wear cooler clothes could also be a way of helping them, the EHRC said.

Failing to make these “reasonable adjustments” will amount to disability discrimination under the act if a worker’s menopause symptoms amount to a disability, the watchdog said.

An estimated 13 million women are going through the menopause in the UK – a substantial proportion of whom will be experiencing debilitating, life-changing symptoms, including heart palpitations, hot flushes, headaches, vaginal pain, anxiety and depression.

The watchdog argues menopausal symptoms can be deemed a disability under the Equality Act 2010 if they are having a “long-term and substantial impact” on the ability to do normal day-to-day tasks.

Taking disciplinary action against a menopausal woman because of menopause-related absence from work could amount to unlawful discrimination unless it is justified, the guidance adds.

An employer understanding their legal duties is the foundation of equality in the workplace

Baroness Kishwer Falkner

While using language that ridicules someone because of their menopausal symptoms could be considered harassment.

Uniform policies that disadvantage women with menopause symptoms could also amount to indirect sex, age or disability discrimination, the watchdog warns.

A video explaining the guidance says: “The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”

Research shows one in 10 women who have worked during the menopause have left their jobs due to symptoms, the watchdog said.

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, it added.

“Very few” workers request workplace adjustments during this time, often citing concerns about potential reactions, the watchdog stated.

It is encouraging employers to “carefully consider” the guidance available on its website and “adapt their policies and practices accordingly”.

“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,” EHRC chair Baroness Kishwer Falkner said.

“An employer understanding their legal duties is the foundation of equality in the workplace. It is clear that many may not fully understand their responsibility to protect their staff going through the menopause.”

The recommendations establish “legal obligations for employers and provides advice on how they can best support their staff”, Baroness Falkner said.

She added: “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.”

It comes after MPs previously warned a lack of support for women going through the menopause in the workplace is driving female workers out of their jobs and prompting the UK economy to “haemorrhage talent”.

Additional reporting by Press Association