World Menopause Day 2021

How does the Equality Act 2010 protect employees when going through the menopause??

Currently, the law provides protection so that a woman cannot be treated less favourably on the grounds of their sex.?In addition, if a woman is treated less favourably due to her menopausal symptoms this may also amount to disability discrimination.?

However, an employee would need to establish that the menopausal symptoms are sufficiently serious to amount to a disability under the Equality Act.?This requires them to be long term i.e. likely to be, or over 12 months in duration, and for the symptoms to have?a substantial adverse effect on an employee’s ability to carry out day to day activities.?

If the employee is able to establish they have a disability then the employer is obliged under the Equality Act to make reasonable adjustments to prevent working arrangements putting the employee at a substantial disadvantage compared to others.

What obligations does an employer have to menopausal employees under the Health and Safety at Work Act 1974??

If an employee raises with their employer that they are suffering from menopausal symptoms and the working environment is exacerbating them, then the employer is under a legal duty to undertake a risk assessment to identify and address the specific risks to the health and well-being of the employee.

Can I ask for adjustments to my job role, working hours or conditions so I can better manage my menopausal symptoms?

Whilst the employer does not have a strict legal obligation to make reasonable adjustments under the Equality Act unless the symptoms are serious enough to amount to a disability, most employers will be prepared to discuss these suggestions.?

The employee should explain their symptoms to their employer and how they are impacting upon them.?Be reasonable with your request and put forward suggestions for how the impact on the employer’s business can be mitigated by the proposed changes.?As mentioned above, the employer is still under a duty to assess and address any workplace risks for those experiencing the menopause.

My employer is not sensitive to the impact the menopause is having on my performance. If I decide to resign, can I claim constructive dismissal??

I would urge an employee in these circumstances to raise a formal written grievance under the employer’s grievance procedure.?It may be helpful to submit a letter from your GP to support the symptoms you are experiencing and any medical intervention that is ongoing or anticipated in the near future.?

You should only contemplate resigning once the full grievance procedure has been exhausted and you have obtained legal advice, because constructive dismissal claims are very hard to win.

Can I claim unfair dismissal if I am dismissed because my performance has dropped due to menopausal symptoms??

If you have sufficient continuous service with your employer to bring an unfair dismissal claim (2 years), or are able to rely on the discrimination legislation, then you will have the right to bring a claim at the employment tribunal for unfair dismissal.?

To be successful in that claim you would need to have raised the issue of your menopausal symptoms at the time of the disciplinary and appeal hearings and ideally have provided medical evidence on the impact of your symptoms on your health and performance.?

Always seek legal advice before deciding whether to issue a claim.??