Employers could be sued for disability discrimination if they fail to make “reasonable adjustments” for menopausal women such as allowing them to work from home or lowering the temperature in the office, the equalities watchdog has said.
Guidance from the Equality and Human Rights Commission has been issued to employers clarifying their legal obligations to women who are going through the menopause and experiencing symptoms such as difficulty sleeping, hot flushes and brain fog.
The guidance states that the symptoms of menopause can 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 they should be protected from discrimination on grounds of age and sex.
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The watchdog recommends that employers consider reducing temperatures or improving ventilation in workplaces and if possible providing rest areas or quiet areas. It also suggests that they should consider relaxing uniform policy to allow women to wear cooler clothing.
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Employers are encouraged to offer greater flexibility, including changing shift patterns to allow women who are struggling to sleep to start later. The guidance also suggests that employers “may allow staff to work from home where possible”.
Employers that take disciplinary action because of “menopause-related absence” could also be sued for discrimination, it says. The use of language that “ridicules” women going through the menopause could be considered harassment, the watchdog warns.
Baroness Falkner of Margravine, the 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 the workplace adjustments.
“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 staff going through the menopause. Our new guidance sets out these legal obligations for employers and provides advice on how they can best support their staff.”
It is estimated that about 13 million women in the UK are going through or have been through the menopause, equivalent to a third of the female population. Post-menopausal women represent the fastest-growing demographic in the workforce, with nearly five million women aged 50-64 in employment. Some employers, including the Police Federation of England and Wales, have previously raised concerns about whether it is appropriate to class a natural life stage such as the menopause as a disability.
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Menopause usually occurs between the ages of 45 and 55, when the ovaries run out of eggs and levels of the hormones oestrogen, progesterone and testosterone fall. Two thirds of menopausal women say symptoms have affected their work, according to a recent survey of 2,000 women by the Menopause Mandate campaign.
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The EHRC said: “If a worker’s menopause symptoms amount to a disability under the Equalities Act 2010, failing to make reasonable adjustments will amount to disability discrimination.”
Mariella Frostrup, the Times Radio presenter, menopause campaigner and chair of Menopause Mandate, said: “We’ve campaigned really hard for what’s a perfectly natural life stage not to be considered a disability.
“I think 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 onwards needs to be factored in to how we create a modern workplace. At every stage… women are penalised in the workplace, particularly economically for their unique biology. We need to be thinking about full scale reshaping of our workplace.”
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Kate Muir, author of Everything You Need to Know About Menopause (but Were Too Afraid to Ask) and producer of Davina McCall: Sex, Myths and the Menopause, said: “This is all very worthy and may help some women but the main way to help women is to provide them with medical advice and to have medical insurance policies to cover menopause … the most important thing is to work out ways to give women advice on the best and safest ways to access the new safer hormone replacement therapy.”
Struggling with awful symptoms
Provided they live long enough, all women will experience the menopause (Eleanor Hayward writes). It occurs due to naturally falling hormone levels, usually between the age of 45 and 55, although symptoms can last for years.
It can be debilitating, with effects including brain fog, hot flushes and anxiety often forcing women out of the workplace. However, there is debate in the medical community and among employers about whether it is helpful or appropriate to classify natural stages of life such as menopause and puberty as a disability.
Is it fair for menopausal women who are being treated unfairly at work, or struggling with awful symptoms, to have to present themselves as disabled to make a claim? Rather than grouping menopause with disabilities, some MPs have argued a better alternative would be new laws to ensure employers have specific workplace policies, including “menopause leave”.
Businesses are aware of the need to prevent menopausal women quitting, and making adjustments such as installing desk fans or offering flexible leave. Scores of employers have pledged to adopt menopause-friendly policies, including the NHS, which in 2022 issued guidance that nurses and doctors should get uniforms in a breathable fabric to help with hot flushes.
