Employers who force women going through menopause to wear uncomfortable uniforms could be accused of discrimination, experts warn.
Symptoms can include hot flushes, bloating and weight changes, leading to discomfort – especially when work clothes are tight or made from non-breathable fabrics.
Lawyers say workplaces that fail to address the issue could soon face legal action under the Equality Act.
Jog Hundle, a partner at employment law specialists Mills & Reeve, says a claim can be made based on two reasons.
“It would be disability-based discrimination and it would also be indirect discrimination,” she said. ‘If you adopt a policy that is more detrimental to a certain group, which is women over 50, then you have to justify that policy.’
Employers will lose any legal action if they ‘don’t engage in the disability debate on their uniform’, she said. The Employment Court said menopause rose 44% last year from the previous year, according to the Menopause Specialists Group.
Menopause symptoms can include hot flashes, bloating and weight changes, leading to discomfort – especially when work clothes are tight or made from non-breathable fabrics (stock image)
Experts warn employers who force women going through menopause to wear uncomfortable uniforms could be accused of discrimination (stock image)
It’s about a claimant who was reprimanded for undoing her top button despite telling her employer she was on fire. Women can make menopause-related claims under the Equality Act 2010, citing ‘protected characteristics’ of sex, age or disability.
Of the 23 courts that dealt with menopause last year, 16 cited disability discrimination, 10 claimed gender bias and 14 alleges unfair dismissal, the team found.
Deborah Garlick, founder of Henpicked, an online forum for middle-aged women, said: ‘Inappropriate uniforms made with unwashed fabrics and with uncompromising cuts can trigger symptoms. Menopause as hot flashes get worse.’ She added, if bosses ‘don’t ask, they won’t know’ about any problems female employees have.
Campaigners report that some workers have to wear several blouses a day to change clothes due to the effects of hot flashes.
The Daily Mail’s Overcoming HRT Crisis campaign won a big win in May when pharmacists were allowed to prescribe alternatives to out-of-stock treatments to help relieve menopausal symptoms.
