Government backs new menopause legal guidance which could see firms being sued
The government has backed a landmark ruling from the equalities watchdog saying employers must “understand their legal duties” over the menopause – or face being sued.
Mims Davies MP, the minister for disabled people, health and work exclusively told Morning Wire that it is “good for business” if firms make changes to accommodate women going through menopause.
This comes after new guidance was issued by the Equalities and Human Rights Commission on Wednesday, “setting out employer’s legal obligations under the Equality Act 2010”, with regard to the menopause.
It says women feel the “negative” impact of menopause and even feel “compelled to leave their jobs as a result.”
It cited research showing one in 10 women who worked while experiencing it have left due to the symptoms, while two-thirds have been negatively impacted.
Despite this, few women ask for adjustments “often citing concerns about potential reactions.”
The guidance issued this week says it “is essential that employers know how to support workers experiencing menopause symptoms. Not only does this ensure they meet their legal responsibilities, but also that women in this group are able to continue to contribute to the workplace and benefit from work.”
New guidance “clarifies” the legal obligations – which means employers could face being sued if they don’t meet them.
Among the advice, is that if menopause symptoms “have a long-term and substantial impact on a woman’s ability to carry out normal day-to-day activities, they may be considered a disability.”
This means “under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.”
Baroness Kishwer Falkner, chairwoman of the EHRC said the watchdog is “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. But it is clear that many may not fully understand their responsibility to protect their staff going through the menopause. Our new guidance sets out these legal obligations for employers and provides advice on how they can best support their staff.
Falkner added the guidance would ensure women are “treated fairly and can work in a supportive and safe environment.”
The guidance change was welcomed by Mims Davies MP, minister for disabled people, health and work, who said it’s “time to support women”.
“There are 2.4m more women in work compared to 2010, with women over 50 now the fastest growing segment in our workforce.”
But while these figures are promising, women are often at the peak of their careers when they are impacted by the menopause, which can be debilitating.”
And with one in six women between 40 and 60 considering leaving the workforce due to a lack of menopause support, we are at risk of undoing this great progress.”
She called on businesses to “listen to and understand the very people they are at risk of losing”, committing to “working with businesses and guiding them to make the often cost-free adjustments that women need.”
She said the government has been “engaging with employers of all sizes and sectors, the length and breadth of Britain, to step up support – from Scotland’s oil and gas sector to the travel industry at Gatwick.”
Davis said Britain’s biggest supermarket, Tesco, and engineering giant Rolls Royce were “leading the way” in the field.
“Even something as simple as holding an awareness event for colleagues can make all the difference and won’t cost a penny.”
“Tackling the stigma and lack of understanding about the impact of the menopause is good for women, their relationships and the workplace. It is good for businesses and their employees, and crucially, good for boosting the British economy.”