Legal rights for women going through the menopause explained

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Women going through menopause will have more protections at work from today as the Equality and Human Rights Commission (EHRC) published new guidance for employers.

The new guidance states that employers could be sued if they do not make “reasonable adjustments” at work for women going through menopause, if their symptoms amount to being considered a disability.

According to the report, ‘reasonable adjustments’ could include flexibility around start and end times, working from home should be allowed where possible, and menopause-related absence should be recorded separately from other types of absence.

Legal rights for women

The guidance has been issued to clarify the legal obligations employers should comply with for women going through menopause, as well as defining when symptoms could be considered a disability.

According to the EHRC, 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 the symptoms amount to being a disability, the employer will be under a legal obligation to make reasonable adjustments under the Equality Act 2010. There will also be a legal obligation to not directly or indirectly discriminate because of the disability or subject the woman to discrimination arising from disability.

The guidance comes after research from the Fawcett Society found that one in 10 women who worked during menopause had to leave their jobs because of their symptoms.

Meanwhile, research by the Chartered Institute of Personnel and Development shows, two two-thirds of women working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work.

Of those affected at work, 79% said they were less able to concentrate 68% experienced more stress and nearly half said they felt less patient with clients and colleagues.

Baroness Kishwer Falkner, chair 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. However many may not fully understand their responsibility to protect their staff going through menopause. Our new guidance sets out these legal obligations for employers and provides advice on how they can best support their staff”

“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.”

What is a ‘reasonable adjustment’?

The EHRC has suggested that the following could be considered ‘reasonable adjustments’ in the workplace.

Flexibility around start and end times should be considered, particularly if sleep has been disrupted
Working from home should be allowed where possible
Menopause-related absence should be recorded separately from other types of absence and disciplinary action resulting from menopause-related absence could be considered unlawful.
Open conversations about menopause should be encouraged and involve all workers
Workplace environment, such as room temperature and ventilation, should be considered
Rest areas or temperature-controlled areas should be introduced where possible, and uniform requirements should be relaxed to avoid any disadvantaging menopausal women.

What is disability discrimination?

Under the Equality Act 2010, workers are protected from discrimination, harassment and victimisation based on protected characteristics including disability, age and sex.

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. They will also be under a legal obligation to not directly or indirectly discriminate because of the disability or subject the woman to discrimination arising from disability.

Women experiencing menopause symptoms may also be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.

Under health and safety legislation, employers also have a legal obligation to conduct an assessment of their workplace risks.

Menopause symptoms

Women typically go through menopause between the ages of 40 and 60 as hormone levels change. This time in a woman’s life can cause them to experience physical and mental health symptoms as well as changes to their period.

Symptoms can vary from person to person, and some people will experience more symptoms than others. They might experience symptoms for months or even years, and symptoms can change over time.

Mental health symptoms

Common mental health symptoms of menopause and perimenopause include:

Changes to your mood – low mood, anxiety, mood swings and low self-esteem
Problems with memory or concentration (brain fog)

Physical symptoms

Common physical symptoms of menopause and perimenopause include:

Hot flushes
Difficulty sleeping, which may be a result of night sweats and make you feel tired and irritable during the day
Palpitations, when your heartbeats suddenly become more noticeable
Headaches and migraines that are worse than usual
Muscle aches and joint pains
Changed body shape and weight gain
Skin changes including dry and itchy skin
Reduced sex drive
Vaginal dryness and pain, itching or discomfort during sex
Recurrent urinary tract infections (UTIs)
Sensitive teeth, painful gums or other mouth problems