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Menopause and disability support: a view from the UK

Serein Legal Team

Women experiencing menopause often face significant obstacles in the workplace that can diminish both their productivity and overall well-being. According to  the  Chartered Institute of Personnel and Development 67% women who had experienced menopausal symptoms said those symptoms had a mostly negative effect on them at work.. These issues can accumulate, leading to heightened frustration and a sense of decreased job satisfaction. Often hot flushes at work have  led to a higher intention to leave the workplace by women. In a study by Fawcett Society, one in ten women surveyed who were employed during the menopause left work due to menopause symptoms. The stigma associated with menopause further discourages women from voicing their needs or requesting help due to concerns about being perceived as less competent or dedicated. This lack of support can drive some to reduce their working hours or leave their positions entirely, causing organisations  to lose valuable talent. 

In order to address this, the Equality and Human Rights Commission (EHRC) published new guidance on menopause in the workplace. These directives of the EHRC makes employers aware of their legal obligation towards equality in the workplace and helps them with practical tips on introducing menopause support. 

Employer’s legal obligation under the guidance

Under the Equality Act 2010, workers are protected from discrimination, harassment, and victimisation on the basis of protected characteristics, including disability, age, and sex. If menopause symptoms have a long-term and substantial impact on a person’s ability to perform daily activities, it could be considered as a disability. Therefore, according to the EHRC guidance, women experiencing menopause should be protected from unlawful discrimination under the Equality Act 2010. These are few of the legal obligations to be kept in mind according to the EHRC guidance:

  • Protection from discrimination

If an employee experiences menopause symptoms amounting to a disability under the Equality Act 2020, failing to make reasonable adjustments will amount to unlawful disability discrimination. They may also be protected from harassment and victimisation.

  • Making reasonable adjustments

Employers must make reasonable adjustments to the work environment or role to alleviate the challenges faced by employees going through menopause. This includes drafting policies to address workplace discrimination of women suffering from menopause. Other adjustments may include flexible working arrangements, temperature control in workspaces, access to rest areas, and modified workloads to support well-being. Employers must conduct an assessment of their workplace under health and safety legislation to make necessary adjustments for an employee’s menopause symptoms. Employers now could be sued for disability discrimination if they fail to make “reasonable adjustments” at the workplace for women going through menopause.

  • Open conversation about menopause

Fostering open conversations about menopause in the workplace is essential for creating a supportive and inclusive environment. Open dialogue helps break down the stigma associated with menopause, allowing employees to feel comfortable discussing their experiences and seeking support without fear of judgement or negative consequences. 

How can organisations build a menopause-friendly environment?

Building a menopause-friendly workplace means raising awareness, offering support, and implementing policies that address the needs of employees. Here’s how organisations can make this happen:

  • Raising awareness and educating employees about menopause symptoms effectively and proactively
  • Offering flexible working hours or remote work options to accommodate employees dealing with symptoms of menopause like fatigue or discomfort
  • Training managers to understand about menopause and how to provide effective support to employees navigating its challenges
  • Ensuring access to resources such as counsellors, healthcare providers, or organising support groups for additional assistance

Serein can help your organisation create an inclusive and supportive environment, provide necessary training, and draft legal policies that make your organisation compliant. To know more, write to us at hello@serein.in

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Custom, gamified courses designed for your team’s context

Data-driven insights to personalise learning and boost performance

Expert-led, localised learning built on research and relevance

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Reports

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

A team of experts collaborating to make workplace better

Make an impact. 
Build the future.

Explore our global client footprint and impact

Featured