Employers will be legally required to make 'reasonable adjustments' for people facing menopause

New menopause legislation has been introduced by the Equality and Human Rights Commission (EHRC) and will protect vulnerable people in the workplace.

When it comes to UK menopause law, there is still a long way to go before women dealing with menopause symptoms can feel truly at ease in the workplace. However, February 22 marks a step forward as it has been announced that employers will now be at risk of being sued for discriminating against people going through menopause. It was announced by the EHRC that employers will be expected to make 'reasonable adjustments' or be at risk of disability discrimination. 

The new legislation from the ECHR states, "If menopause symptoms have a long term and substantial impact on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability. If menopause symptoms amount to a disability, an employer will be under a legal obligation to make reasonable adjustments."

Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission, explained, "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 their 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," she said. "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."

Jo Lyall from Better Menopause commented that menopause is not a choice and should be treated with 'understanding' and there should be a 'responsibility' for employers to be mindful. 

"Whilst it's not the role of companies to manage an employee's medical conditions directly, there is a responsibility to be mindful of how such conditions could be impacting their job performance and to know the signs to look out for. It's concerning that 10% of women are leaving the workforce during menopause, facing issues like anxiety, sleeplessness, and hot flushes, which profoundly affect their sense of self," said Jo. 

She added, "However, we must avoid the pitfall of viewing every woman aged 40-60 through a lens of negativity, assuming menopause will adversely affect their work. The goal is to foster an environment where open communication is encouraged, and employees feel comfortable discussing their symptoms without fear of discrimination. It's important to recognise that not every woman will experience menopause in the same way, the symptoms are broad and diverse, spanning what could be a decade of their lives. Menopause is not a choice; it's a natural part of life and should be treated with understanding."

Alicia Nagar, Head of People, Wellbeing and Equity at Mental Health First Aid England, also added, "Up to a third of women will experience severe menopausal symptoms and it can be extremely difficult to manage this, especially at work.

"We know that many women feel unable to disclose their menopausal status because of embarrassment, or concerns about being stigmatised. This can lead to women reducing hours, missing out on progression and dropping out of the workplace altogether," she said.

She concluded, "In 2024, we should feel safe to bring our whole selves to work, without fear of prejudice or consequence. That includes our health, background, sexuality, religion, gender, and mental health."