Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. Whilst sufferers will have different experiences of the condition, the symptoms can make working difficult, and employees may not feel comfortable discussing their private health issues at work. In fact, 40% of women with endometriosis worry about losing their job and 55% said that they have had to take time off work often due to their symptoms.*
The condition is receiving a growing amount of awareness, with many celebrities and people in the public eye speaking out about the painful condition. Recently, Steve Irwin’s daughter, Bindi underwent surgery after 10 years of battling with endometriosis.
In this blog, our Employment Law Solicitors discuss how employers can help support their workers with endometriosis as well as a reminder on legal obligations.
How Can Endometriosis Affect Employees?
Endometriosis is a painful condition where tissue similar to the lining of the uterus grows outside of the womb. The tissue can attach itself to the ovaries, fallopian tubes, bladder, bowl or other parts of the pelvic area. The symptoms can include chronic pain, heavy periods, bowel issues, fatigue, bloating, nausea and fertility issues.
The cause of endometriosis is unknown, however, some theories suggest that genetics or the immune system can play a part in someone’s likelihood of developing the condition.
Women with endometriosis can have varying degrees of the condition. Some may suffer year-round with painful symptoms, others can have occasional flare ups or mild symptoms that can be self-managed.
The key thing for employers to understand is that endometriosis can be a difficult condition to deal with both physically and emotionally. So even if somebody is able to carry out their job physically, they may be struggling with their mental health as a consequence of their endometriosis.
It is thought to cost the UK economy £8.2 billion a year in loss of work and healthcare. So, employers should make supporting those with endometriosis high on their priority.
- Pain can make standing for long periods of time difficult
- Pain can make lifting or strenuous activity challenging
- Heavy bleeding can cause women need to take frequent breaks
- Women may require time off for medical appointments
- Depression, anxiety or lack of sleep can cause trouble concentrating
Employer’s Legal Obligations
Under UK employment law, employers have a duty to make reasonable adjustments to support workers with a disability or long-term health condition. Endometriosis is considered a disability under the Equality Act 2010 as it has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.
Reasonable adjustments that employers can make could include:
- Flexible working arrangements
- Providing extra breaks or rest periods
- Providing facilities at work
- Making adjustments to the work environment
- Making adjustments to job descriptions or tasks
- Additional emotional support
Employers should also make sure that they have policies in place to prevent discrimination and harassment in the workplace. These policies should be reviewed regularly to ensure that they are up-to-date, compliant and fit for purpose.
How to Support Employees with Endometriosis
Employers are only able to support long-term health issues if they are aware of them. So the first step is to make sure that you collect relevant health information from your employees at the start of their employment and at regular intervals so that you can be responsible employers. This, of course, should be handled with the strictest confidentiality.
You should also operate a supportive work environment where staff feel comfortable raising issues and speaking to their management about health concerns so that the correct procedures can be followed and any required adjustments can be made.
Some ways that employers could do more to support their female workers with endometriosis could include:
- Raise Awareness
Making sure that all staff are aware of endometriosis, how it affects people at work and how to be supportive can help to foster a positive working environment where women feel comfortable and understood. This could be done as a webinar and there are various charities and companies that provide this.
- Provide Training
Provide training to HR, managers and team leaders on how to manage health conditions in the workplace.
- Review your Sickness Policy
All employers should have a sickness policy available for staff to read and follow. It may be worth ensuring that the policy works for both employees and employers. If you have staff with long-term health issues, then they could be faced with unpaid leave if your workplace only provides a certain amount of paid sick leave. This could be dealt with on a case by case basis but is worth reviewing regularly to ensure that it is fair.
- Offering Support
You are unlikely to have all the answers as someone’s employer, but it is important to assist employees by directing them to appropriate resources which can offer the support they need. This could include mental health support, support groups or websites.
- One to One Check Ins
If you are aware of an employee who suffers from endometriosis, then schedule regular catch ups to check how they are managing their symptoms, coping with their workload and to see if there is any additional support or adjustments they need.
- Time Off for Appointments
Women may require more medical appointments than your ‘average’ employee and employers should be supportive of facilitating this. Check your policy on medical appointments during working hours and make sure that employees are aware of the procedures. Whether you offer paid leave for appointments, ask employees to make up the time lost or you request for holiday to be used, make sure this is clear and consistent.
- Additional Breaks
For women working in jobs where they are ‘front of house’ such as working on a reception desk or shop floor, working in a warehouse, factory, or doing something face-to-face like working in a hospital, for example, it can be difficult to take breaks as and when you need them. It is much easier for someone working in an office, for example, to have some additional breaks to use bathrooms etc. Make sure there is something in place to enable those needing to take breaks, such as a rota system or cover that can be available when needed.
- Flexible Working Requests
Many people now work flexibly since the pandemic dramatically changed the work habits of millions. But if your workplace isn’t hybrid, then you should consider how you will handle flexible working requests without discriminating. Flexible working isn’t always working from home – it could be flexible hours, job sharing or reduced hours.
- Sanitation Stations
Many workplaces are making a conscious effort to be more supportive of female wellbeing. Understanding that periods, the menopause, peri-menopause and conditions such as cystitis, polycystic ovaries and endometriosis can impact women on a daily basis whilst at work. Workplaces can go the extra mile, without severely impacting their budgets by providing sanitary products such as tampons, pads and making sure toilet facilities are easily accessible.
- Join the Endometriosis Friendly Employers Scheme
Endometriosis UK provides additional guidance for employers on how to support employees with endometriosis and menstrual health conditions. This proves to your staff and customers that you are a business committed to supporting a positive work culture for females with this condition. https://www.endometriosis-uk.org/endometriosis-friendly-employer-scheme
- Additional Benefits
When reviewing your staff benefits suite, it might be worth checking that you have some benefits that would appeal to or support your female workforce that might be suffering with endometriosis, or other conditions. This could include private health cover, access to mental health support, access to fertility support, gym memberships etc.
Supporting Women at Work
The conversation around supporting women in the workplace is well and truly alive in parliament and in the media. In other countries and within some large UK companies, menstrual leave is now provided, along with other benefits to help support female workers.
Employers should keep an ear to the ground for any legal changes so that they can be quick to respond. For those who employee mainly women, or who want to be ahead of the curve, should now start to put in place initiative and think about how they can be more supportive and inclusive.
Employment Law Support
If you are keen to review your HR documents, policies and handbooks, or need legal support with issues in the workplace, please get in touch with our friendly and forward-thinking employment law team.
Alternatively, if you are an employee who feels that they have been mistreated or discriminated against at work due to health conditions, you might benefit from speaking to an employment lawyer for advice on your next steps.
Call us on 01256 844888 or speak to our online chat assistant any time of the day.