Employer obligations to menopausal employees

The legal bit

In February 2024, the Equality and Human Rights Commission (EHRC) published guidance for UK employers with the aim of clarifying their legal obligations in relation to menopausal workers and to provide them with practical tips.

Whilst the guidance is new, the legal position is not.

Employers must align their practices with the Equality Act 2010 and the Health and Safety at Work Act 1974 to support menopausal employees effectively.

The guidance aligns with the legal framework established by these Acts.

EHRC KEY RECOMMENDATIONS FOR EMPLOYERS

1. Menopause-friendly policies and procedures


a. Develop and implement clear policies to support menopausal employees
b. Ensure policies are active, visible, and regularly updated, rather than overlooked
c. Include accommodations like flexible working hours and access to support resources

2. Training and awareness

a. Offer training for managers and employees to increase understanding on menopause and its workplace impact
b. Provide accessible training formats, such as online sessions, to accommodate various work schedules

3. Supportive measures

a. Implement practical support such as temperature control options, flexible working hours and access to health resources
b. Note the introduction of flexible working as a “day one” right from April 2024

4. Open communication


a. Foster an environment where open discussions about menopause are encouraged
b. Ensure employees feel comfortable discussing their needs and symptoms with management

LEGAL CONTEXT AND EMPLOYER OBLIGATIONS

1. Equality Act 2010

a. Prohibits discrimination based on sex, age and disability, which are relevant to menopause-related issues
b. Employers must prevent discrimination and harassment, ensuring policies are compliant with the Act
c. Menopause related symptoms might require reasonable adjustments, particularly if they qualify as a disability under the law

2. Health and Safety at Work Act 1974

a. Obligates employers to ensure the health, safety and welfare of employees
b. Requires risk assessments that consider the specific needs of menopausal employees
c. Encourages measures to mitigate risks associated with menopause, such as improving ventilation and allowing flexible working schedules

3. Risk assessment and management

a. Employers should assess the impact of menopausal symptoms on workplace conditions and make necessary adjustments
b. Examples include providing fans for temperature control and allowing rest breaks

4. Training and information provision

a. Employers must provide information and training to ensure a safe work environment
b. Increasing awareness through education helps create a supportive culture, enhancing employee well-being and organisational reputation

The time to act is now

By implementing the EHRC's guidance, organisations can foster inclusive, healthy, and productive workplaces.

This not only ensures legal compliance but also demonstrates a commitment to equality and employee welfare, benefiting both the workforce and the organisation's overall performance.
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