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Employers to face legal scrutiny over menopause provision 

by Benefits Expert
22/02/2024
standards, menopause, menstruation, support, help, employers, women, work, menopause support
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Employers in the UK could face legal action under disability discrimination laws if they fail to implement reasonable adjustments for menopausal women, as outlined in new guidance by the Equality and Human Rights Commission (EHRC).

The EHRC’s guidance seeks to clarify employers’ legal responsibilities towards their workforce, as well as empower women to ask for changes to working practices.

The guidance suggests that employers should consider measures such as flexible working hours, relaxed uniform policies, permitting adjustments to room temperatures, and providing designated rest areas to address challenges related to sleep disturbances and hot flushes – common menopause symptoms.

According to the EHRC, the failure to make these adjustments could constitute disability discrimination under the Equality Act 2010, if there was a “long-term and substantial” impact on an employee’s ability to perform their regular duties.

Citing research indicating that 1 in 10 women leave their jobs due to menopausal symptoms, and two-thirds of women aged 40 to 60 experience negative impacts at work due to menopausal symptoms, the EHRC emphasised the importance of addressing these issues. Many affected women refrain from requesting adjustments due to concerns that their jobs could be at risk or they may be sidelined in the workplace.

Baroness Kishwer Falkner, chairwoman of the EHRC, expressed concern about the number of women forced out of their roles due to menopause-related symptoms. She highlighted a potential lack of understanding among employers about their responsibility to support staff going through menopause, emphasizing that the guidance aims to provide advice on how employers can offer such support.

Furthermore, the EHRC warns that taking disciplinary action against women for menopause-related absences may amount to discrimination. Additionally, language ridiculing someone’s symptoms could constitute harassment.

Employee benefits firm Pluxee UK views this guidance as a positive step towards creating more inclusive workplaces. Pluxee UK director Graham James emphasised the importance of recognising menopause as a workplace disability and adds that this new guidance compels employers to reevaluate policies and invest in creating a more inclusive and supportive corporate environment.

He suggests offering a dedicated Menopause Support Service as part of Employee Assistance Programs, noting a positive response from organisations that have implemented such measures.

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Benefits Unboxed – Wellbeing: HR is supporting everyone, but who’s supporting HR?
Benefits Unboxed – Wellbeing: HR is supporting everyone, but who’s supporting HR?
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