What protections do I have if I suffer from menopause?

Menopause is a significant life transition that can bring physical and emotional changes. Responsible employers need to consider the following:

• Educating employers and colleagues about the menopause journey and its potential impact on employee’s work performance and well-being;
• Recognising common menopausal symptoms, such as hot flashes, sleep disturbances, mood swings, fatigue, urinary problems, stiffness and joint pain, insomnia and difficulty concentrating, anxiety, depression and cognitive changes;
• Acknowledging the potential impact of menopause on mental health and providing support for emotional well-being.

The menopause affects people going through it in different ways. The types of symptoms, how severe they are and when and for how long they occur, will vary from person to person.

Legal framework and employer’s obligations

Although there are no laws that specifically deal with menopause, there are laws that protect employees from discrimination as result of their gender (or gender identity) and disability.

Employer therefore has a duty to:

• consider flexible work arrangements to accommodate menopausal symptoms and support work-life balance;
• provide reasonable adjustments;
• provide a safe and healthy work environment, addressing concerns related to temperature control and ventilation;
• Reasonable adjustments under disability discrimination laws for individuals experiencing severe menopausal symptoms;
• not create policies that negatively affect individuals who suffer from menopause.

An employer also has strict duties under health and safety legislation. Employer should therefore ensure that those responsible for health and safety consider those who are going through menopause in their assessments. According to the Acas guidance, for the menopause, a risk assessment should include the temperature and ventilation of the workplace, the material and the fit of the employer’s uniform, if there is one, and whether it might make staff going through the menopause feel too hot or worsen skin irritation, whether there is somewhere suitable for staff to rest if needed, for example a quiet room, whether toilet and sanitary disposal facilities are easily accessible, whether cold drinking water is available, whether managers and supervisors have been trained on health and safety issues relating to the menopause.

Flexibility may be a lifeline to those suffering from menopause symptoms, employers should therefore accommodate reasonable requests for flexibility and homeworking.

Employers should also ensure that those members of staff dealing with performance and absence related issues are sensitive to the issues discussed in this article.

Menopause and Discrimination

Although menopause is not specifically under the Equality Act 2010 as a protected characteristic, employees may still have protections on the grounds of age, sex, disability and gender reassignment grounds. A menopausal worker may be protected under the Equality Act 2010 from the following types of prohibited conduct:

Whilst menopause is not classed as disability, depending on the circumstances, the physical and physiological symptoms of the menopause may amount to a disability under the Equality Act 2010.  Although menopause symptoms may be recurring but intermittent and fluctuating, if they have a substantial and long term (at least 12 months) adverse effect on the worker’s ability to carry out their day-to-day activities, this could amount to a disability.

Carrying out risk assessments and making reasonable adjustments

An employer can be automatically liable for discriminatory acts by anyone acting on the employer’s behalf, whether or not done with the employer’s knowledge, unless the employer can show they had taken all reasonable steps to prevent such actions. This would normally be where the employer has provided training to employees on menopause and discriminatory issues, had all the appropriate policies in place and have routinely and genuinely enforced those policies. An employer should ensure all managers, supervisors and team leaders are trained to understand their role when it comes to offering support to staff, how to talk with and encourage staff to raise any menopause concerns, how different stages and types of menopause can affect staff and that support needed can vary from person to person.

What to do if you believe you have been discriminated due to disability

If you believe you have been treated unfairly or your employer has failed to provide reasonable adjustments to accommodate your menopause it is important that you keep a record of events and that you seek legal advice as soon as possible.