Bosses must give menopausal women more leeway at work, or risk breaking equality law
The equalities watchdog has warned companies they risk breaking equality laws if they do not allow menopausal women to wear cooler clothes in the office and work from home on hot days.
The Equality and Human Rights Commission (EHRC) set out new guidance on menopause in the workplace, saying many older women feel compelled to leave their jobs as a result.
Setting out employers’ legal obligations under the Equality Act 2010, it says women experiencing hot flushes should be given access to fans on their desks.
Menopausal women should also be allowed to start work late if they have slept badly, the quango said.
It warned bosses that uniform policies which disadvantage menopausal women could amount to indirect discrimination on the basis of age, sex or disability.
The guidance also said that not allowing a menopausal woman to work from home when a man with similar conditions would be allowed to could break equality law.
Disciplining workers could be unlawful
The commission said that disciplining workers for taking days off because of the menopause could be unlawful, and demands that menopause-related absences be recorded separately.
It added that staff who ridicule a woman’s menopause symptoms could be guilty of harassment.
The EHRC said one in 10 women leave their jobs due to menopause symptoms, and very few request workplace adjustments, often citing concerns about potential reactions.
In a video explaining the new guidance, the commission said: “It is good practice to consider how the physical working environment, such as room temperature and ventilation, may affect women experiencing menopausal symptoms.”
It added: “Employers can also support workers by relaxing uniform policies or allowing them to wear cooler clothing.”
The video also said: “Employers may allow staff to work from home where possible.”
Reasonable adjustments
The quango said that if menopause symptoms have a long-term and substantial impact on a woman’s ability to carry out day-to-day activities, they may be considered a disability.
Under the Equality Act 2010, an employer is under a legal obligation to make reasonable adjustments and to not discriminate against the worker.
Additionally, workers experiencing menopause symptoms may be protected from less favourable treatment related to their menopause symptoms on the grounds of age and sex.
Policies warning
Employer policies, such as uniform policies, that disadvantage women experiencing menopausal symptoms could also amount to indirect age, sex or disability discrimination.
The video warned: “The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”
The EHRC quoted research showing that two thirds of 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.
Baroness Kishwer Falkner, chairman of the EHRC, 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.”
