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In brief

The Equality and Human Rights Commission (EHRC) has published guidance for employers on menopause in the workplace. Although the guidance does not create any new obligations, it serves as a reminder of the difficulties the menopause can cause for some women and employers’ existing obligations. 


Key takeaways

  • Menopause can cause a range of both physical and psychological symptoms. Not all women will be impacted in the same way and employers should not make generalised assumptions.
  • The EHRC’s guidance does not state anything new but confirms the position (as previously understood) that, in some cases, menopausal symptoms can have a long-term and substantial adverse impact on a woman’s ability to carry out her normal day-to-day activities, and therefore potentially amount to a disability under the Equality Act 2010. In those cases, the employer will be under a legal obligation to make reasonable adjustments.
  • The guidance encourages employers to foster a culture where workers are able to talk openly about their symptoms and ask for adjustments to their work when needed. For more practical guidance on how employers can support workers experiencing menopause, please click here for our previous articles on this topic.

Menopause in the workplace: Guidance for employers | EHRC

Author

Monica Kurnatowksa is a partner in the Firm’s London office. She is recognised by The Legal 500 and Chambers UK as a leading individual. Chambers say she has “impressive experience of handling complex employment disputes and advisory matters for major clients. She is known for her expertise in trade union matters.” "The breadth of her experience is phenomenal." "She is an outstanding lawyer who provides a first-class service while juggling the intense demands of running high-profile matters on behalf of her clients. She is unflappable, courteous and extremely knowledgeable”. Monica is a member of the Consultation Board of PLC Employment On-line and is a regular speaker at internal and external seminars and workshops.

Author

Julia Wilson is a partner in Baker McKenzie's Employment & Compensation team in London and co-chair of the Firm's Workforce Redesign client solution. Julia also leads the employment data privacy practice in London. Julia advises multinational organisations on a wide range of employment and data protection matters. She is highly regarded by clients, who describe her as a “standout” performer who "knows how we think." A member of the Firm's Pro Bono Committee, she plays a lead role in the Firm's pro bono relationship with Save the Children International. She also collaborates with Law Works to deliver employment law training to solicitors who provide pro bono advice to individuals. Julia regularly presents and moderates panels on podcasts, webinars and in-person events, is often quoted in mainstream media, and authors articles and precedents for a range of industry and other publications.

Author

Mandy Li is a Knowledge Lawyer in Baker McKenzie London office.

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