Employers could be sued if they fail to make adjustments for women experiencing menopause, according to new guidance.

The guidance on menopause in the workplace, setting out employers’ legal obligations under the Equality Act 2010, was issued by the Equality and Human Rights Commission (EHRC).

It states that if menopause symptoms have a longterm and substantial impact on a woman’s ability to carry out normal day-to-day activities, the symptoms could be considered a disability, so an employer will be under a legal obligation to make reasonable adjustments. They will also be under a legal obligation to not discriminate because of the disability.

Women experiencing menopause symptoms may also be protected from discrimination on the grounds of age and sex.

The early years workforce is predominantly female.  Research shows that one in ten women surveyed who have worked during the menopause have left their jobs due to symptoms.

The new guidance includes practical tips for employers on making reasonable adjustments and fostering positive conversations about the menopause with workers.  

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. Under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.

Workers experiencing menopause symptoms may also be protected from less favourable treatment related to their menopause symptoms on the grounds of age and sex.

The EHRC said employers should carefully consider the guidance and adapt their policies and practices accordingly.

Baroness Kishwer Falkner, EHRC chairwoman, said:  “As Britain’s equality watchdog, we are 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.” 

She added: “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.”