We have seen a significant increase in enquiries about the menopause in recent months. At this stage, from a strict legal perspective, the menopause is not, in itself, protected under the Equality Act. However, it can be captured by protection from age, sex...
Under Section 20 of the Equality Act 2010, if a disabled person is placed at a substantial disadvantage when in comparison with someone who does not hold that disability, then a business may be legally required to take steps to make reasonable adjustments to their policies, practices or premises to minimise this disadvantage.
A disabled person may be at a disadvantage due to a provision, criterion, or practise (PCP), a physical feature of your organisation or business or a failure to provide, or the absence of an auxiliary aid. Failing to act upon this duty may open a business up to a legal claim being brought against them under the Equality Act.
This duty is not only owed by employers to employees. Businesses and organisations that provide a service or perform public functions are also be obliged to comply with this duty to service users. Housing associations and government departments, such as the police, health services, education providers and local councils also have a duty to make reasonable adjustments where possible.