Women in menopause can sue employers if 'reasonable adjustments' not taken
If bosses don't make "reasonable adjustments" for women experiencing menopause at work, they could be taken to court, according to the equalities watchdog.
The Equality and Human Rights Commission (EHRC) has given advice to employers to explain their legal duties to women going through the menopause. Symptoms of the menopause like hot flushes, brain fog and trouble sleeping can be seen as a disability under the Equality Act 2010 if they have a "long-term and substantial impact" on a woman's ability to do her usual daily tasks, says the EHRC.
"The commissioners who have produced this report aren't recommending any changes to the Equality Act 2010 it's what underpins all of this if you are discriminated against as a menopausal woman, there are existing laws you can use to take employers to a tribunal and take action against them," Health Minister Maria Caulfield said during an interview on Good Morning Britain on Thursday.
The EHRC's advice also said that workplaces should consider how room temperature and fresh air can affect their menopausal employees, and suggested providing safe and quiet rooms, cooling systems or fans for when women have hot flushes, for example.
The report suggested that bosses could offer more flexible working options, like changing start and finish times to help a woman who may have had a bad night's sleep or when the weather is too hot.
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They could also consider relaxing uniform rules or letting women going through menopause wear cooler clothes made from different materials.
"What we are trying to do I'm chair of the menopause taskforce is change the workplace culture, because we are losing one in 10 women who are menopausal, and these are our most experienced women. And when you talk to the vast majority of employers, they want to keep women in the workplace, they just don't know how to," said Caulfield.
So what rights do women going through menopause have at work? Here's what the experts say you need to know.
What are the symptoms of menopause?
Dr Louise Newson, a GP and menopause specialist, says symptoms can be different for each woman. Some people have no symptoms, while lots of women do.
"The main menopausal symptoms affecting women at work are memory loss, anxiety and tiredness. We know that in general, patients mainly have to deal with symptoms that affect their brains," said Newson.
"There's also poor sleep, reduced concentration, being unable to multitask, mind fog and joint pains. Itchy and dry skin, headaches, migraines, just to name a few. So it doesn't take much to understand why more support is needed."
What rights do women have?
Sarah Tahamtani, partner and head of employment at national law firm, Clarion, explained: "As defined by the Equality Act 2010, a disability is a physical or mental impairment that has a 'substantial' and 'long-term' adverse effect on your ability to do normal daily activities, which has lasted, or in medical opinion is likely to last, at least 12 months,"
She added: "Those with disabilities are protected in a variety of ways legally. For example, employers must avoid unjustified unfavourable treatment due to something arising from a disability, as well as take positive steps to make reasonable adjustments for those who suffer a substantial disadvantage due to a disability."
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So how can bosses better support their workers?
Tahamtani thinks it's a good idea for HR teams to think about how symptoms might be affecting each woman. In some situations, HR experts should also think about getting help from medical professionals early on.
"Workplaces should also put specific and robust internal policies in place to ensure that those going through the menopause are fully supported. When creating the policy, consider how you're defining menopause and highlight common symptoms. On top of this, thought should also be given to the impact of seemingly neutral policies and, if needed, reassessing them to ensure they are inclusive."
"Beyond that, you could consider what reasonable adjustments can be made, including more flexibility in both when and where people can work and job requirements, as well as providing equipment, tailored uniforms and temperature control if required."
Tahamtani points out that while policies are essential, it's also vital to create an honest and open culture where women feel comfortable enough to approach colleagues and HR staff with their concerns about menopause symptoms.
She said: "Feedback sessions, implementing peer-to-peer networks and tailored training for managers on the topic are all key to this," Implementing a training and education piece across the organisation is crucial as line managers should understand common symptoms and the impact they may have on employees, as well as how these challenges can be addressed sensitively."
"While some women will still prefer not to discuss the menopause or their symptoms, organisations must still make the workplace a safe space for those going through it. Taking these steps not only fosters an open and honest culture for employees, but also contributes to protecting the businesses from complaints."
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