Regulator confirms to employers that menopause can be a disability

The Equality and Human Rights Commission (EHRC) has issued guidance for employers confirming that the menopause can be classed as a disability.

The new document, entitled Menopause in the workplace: Guidance for employers, sets out an employer’s legal obligations under the Equality Act 2010.

EHRC says many women experience negative impacts of menopausal symptoms in the workplace, with some even feeling compelled to leave their jobs as a result.

Its research shows 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.

EHRC says: “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 new guidance from the EHRC aims 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. 

“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.

“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.”

Employers are encouraged to carefully consider the guidance now available from the EHRC website and adapt their policies and practices accordingly, to ensure fairness and inclusivity in the workplace.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “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.”

The guidance is available on the Equality and Human Rights Commission website.

Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.