Menopause guidance introduced by the Equality and Human Rights Commission

On 22 February 2024, the EHRC published guidance for employers on menopause in the workplace. The aim of the guidance is to assist employers to support employees experiencing menopausal symptoms in the workplace and is useful guidance.

Research by the Chartered Institute of Personal and Development found that 67% of working women between ages of 40 and 60 had a negative impact on work.

• 79% said they were less able to concentrate
• 68% said they experienced more stress
• nearly half (49%) said they felt less patient with clients and colleagues, and
• 46% felt less physically able to carry out work tasks.

This research shows the huge impact that menopause has on employees.

The EHRC guidance explains what menopause and perimenopause is and states that:
Menopause is when a woman’s periods stop due to lower hormone levels. It usually happens between the ages of 45 and 55, but can also be earlier or later. It can happen for a number of reasons, including:

• naturally
• genetics
• surgery
• cancer treatments

Sometimes the reason is unknown.

Perimenopause is when a woman has symptoms of menopause, but periods have not stopped.
The EHRC guidance also sets out employers legal obligations pursuant to the Health and Safety at Work Act and under the Equality Act 2010 (EqA 2010).

Employees are protected from discrimination, harassment and victimisation in relation to the protected characteristics of disability, age and sex. An employee going through the menopause could potentially meet the protected characteristic of disability, age and sex. There is also a requirement for employers to make reasonable adjustments.

Employers also have a duty of care to employees under the Health and Safety at Work Act and the EHRC guidance highlights an employer's obligation to conduct a workplace risk assessment under health and safety legislation.

The EHRC guidance videos suggest a number of adjustments that can be considered in the workplace and have suggested:

• Changes to the work environment, such as amending the room temperature and providing ventilation, providing rest areas.
• Consider flexibility, such as allowing working from home, and flexible working arrangements.
• Recording menopause-related absence separately from other absence
• Mindful of language being used in the work place

The EHRC guidance is a useful guide for employers to support employees going through the menopause in the workplace. It is important that employers introduce training and update policies to assist employees and comply with their legal obligations.