Supporting employees with menopausal symptoms

New research indicates that an increasing number of women are bringing employment claims linked to the menopause. Following World Menopause Day, we have reviewed the recent treatment of claims related to the menopause within employment tribunals and offer a number of ways in which employers can support employees experiencing menopausal symptoms.

The Employment Appeal Tribunal (EAT) held that a Tribunal erred in deciding that an employee suffering from menopausal symptoms was not disabled under the Equality Act 2010. It was held that the Tribunal’s judgment failed to consider the evidence presented and did not adequately explain why the Claimant’s sex discrimination, harassment and victimisation claims had been dismissed. The claim has been remitted for consideration by a different Tribunal. It remains to be seen whether the new Tribunal will conclude whether the Claimant was suffering from a disability.

For the purposes of protection under the Equality Act 2010 (EqA 2010), a person is disabled if:

• They have a physical or mental impairment.
• The impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

The effect of an impairment is "long-term" if:

• It has lasted for at least 12 months.
• It is likely to last for at least 12 months; or
• It is likely to last for the rest of the life of the person affected.

Menopausal symptoms can be physical such as hot flushes, headaches and heavy menstruation. Psychological symptoms may also present in employees including memory loss, confusion and depression. The impact and severity of symptoms is likely to vary between individuals and it is unlikely that every person suffering from menopausal symptoms will be considered disabled within the meaning of the EqA 2010. That being said, employers remain at risk of disability and sex discrimination claims as further claims are tested in Employment Tribunals.

Employers should, therefore, consider how to accommodate and support employees experiencing menopausal symptoms:

• Can reasonable adjustments be made to accommodate the employee’s symptoms?
• Be mindful of implementing new policies and practices which may adversely affect employees dealing with menopausal symptoms and consider how to mitigate any adverse impact.
• Foster a supportive and open environment where employees with menopausal symptoms can report their symptoms and discuss requirements for support without embarrassment.