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06 Mar 2024

Employment

HR Consultancy

Navigating Menopause in the Workplace: EHRC’s Guide for Employers

In a landmark move on February 22, 2024, the Equality and Human Rights Commission (EHRC) unveiled crucial guidance tailored for employers, shedding light on the nuanced dynamics of menopause in the workplace.

Menopause

The guidance is designed to equip employers with a nuanced understanding of their legal responsibilities when it comes to supporting workers navigating the challenges of menopausal symptoms.

What is Menopause?

Every woman goes through menopause and the symptoms normally start in the mid-40s. It is when women’s periods stop, signalling the end of the reproductive years. The lead-up to this happening is called perimenopause, when women notice their periods becoming unpredictable or heavy, and have feelings or physical problems they haven’t experienced before. When periods haven’t happened for 12 months, you can look back and say you’ve been through the menopause.

Menopause and the Law

The EHRC’s publication delves into the intricacies of menopause and perimenopause, shedding light on the potential negative impacts on a worker’s well-being. Issues ranging from diminished concentration and heightened stress to reduced patience and physical discomfort are explored, with the recognition that these symptoms can lead to absenteeism or even prompt employees to exit the workforce entirely.

The guidance refines an employer’s legal obligations under the Equality Act 2010, emphasising the protected characteristics of disability, age, and sex. It underscores the risks associated with claims related to failure to make reasonable adjustments, direct and indirect discrimination, harassment, and victimisation. Additionally, it draws attention to the mandatory workplace risk assessment under health and safety legislation.

The EHRC’s comprehensive resource includes three instructive videos, each addressing key aspects. The first video explains how the Equality Act 2010 safeguards workers experiencing menopause symptoms. The second video provides practical examples of adjustments that can support workers, while the third offers guidance on fostering open and constructive conversations about menopause in the workplace.

Highlighting the significance of workplace adjustments, the second video emphasises modifications to the physical environment, promoting flexibility, and recording menopause-related absences separately. It underscores the potential pitfalls of legal claims and employee attrition, and that thoughtful adjustments can not only mitigate these risks but also attract and retain valuable workforce talent.

Encouraging open dialogues about menopause is the focus of the third video, advocating for inclusive discussions involving all workers, not just management. The video suggests training sessions, lunch-and-lean opportunities, and avenues for workers to share their experiences and seek support, including staff networks and confidential meetings with managers. The importance of a well-communicated menopause policy to outline available support and guidance is a crucial step toward fostering an environment where workers feel comfortable discussing their symptoms.

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