Endometriosis: Beyond the Legal Protections, What More Should Employers Do?

By Brabners LLP

In our first blog concerning endometriosis, we considered the legal protections afforded to affected employees.

We now turn to look beyond those minimum legal protections and consider why employers should provide additional support and what this might encompass.

Why should employers step up to provide additional support?

As with other reproductive health issues, very frequently employees with endometriosis will continue working, taking as little time off as possible, and hiding their pain from their managers and colleagues. The emotional, mental and physical toll on those who are doing this should not be underestimated.

According to a report commissioned by the All Party Parliamentary Group on endometriosis in 2020 (APPG 2020 Report) the condition has a significant impact on their work. For example, of respondents to the APGG inquiry:

26% said they had very often had time off work, with 29% saying they often had to take time off work.
18% have very often had to change or leave their job, with 10% saying this has often happened to them.
15% state they very often they believe that have missed out on promotion, with 12% saying they often believe this has happened.

There are many ways in which employers can step up to provide additional support to these employees, with a view to improving the situation for them. The potential benefits of this can be seen in practice. National charity Endometriosis UK have found that Endometriosis Friendly Employers (see below) have noted improvements in “employee wellbeing, productivity and performance, employee engagement and morale” as a result of the additional assistance provided. The saying “a happy and a healthy workforce is a more productive workforce” therefore couldn’t be truer.

Our colleague, Amy Talvet, who is a CITMA Paralegal and IP Administrator at Brabners, has spoken about how the support she has received in the workplace has really helped her. She has said that “Dealing with endometriosis in the workplace can be extremely difficult. I count myself lucky I can openly discuss women’s health issues with my line manager. This allows my team to give me the critical support I need, when I need it.” (You can read more about Amy’s experiences here.)

There is also a financial incentive for employers to go the extra mile; according to the APPG 2020 Report, endometriosis costs the UK economy £8.2 billion a year in loss of work and healthcare. Even the smallest of support measures would therefore likely benefit an organisation’s profitability.

What can employers do?

Educate themselves and raise awareness: Despite the condition affecting 1 in 10 women in the UK, research carried out by Endometriosis UK showed that 54% of people as a whole do not know what endometriosis is, increasing to 74% of men. There is therefore a clear need for increased education and awareness about this condition. The more an employer knows about endometriosis, the better they will be able to understand what effect this can have on employees and the support they may need. Importantly, it will also help them understand that such employees will likely need to be supported on a long-term basis. Endometriosis UK offer bespoke training depending on an organisation’s needs. Education and awareness raising is especially important given the hidden nature of this condition, and the difficulty and delay with diagnosis. These factors can make things much more difficult for employers who may be presented with employees experiencing a multitude of symptoms without a known cause, or who may have been misdiagnosed.
Encourage a culture of openness: By tackling the stigma around talking about reproductive health issues, such as endometriosis, it is hoped that there will be a shift from employees feeling embarrassed, guilty, or fearful of any negative repercussions that could follow, to having the confidence to engage in these conversations with their manager or HR. This will prove beneficial to both employees and their employers.
The Endometriosis Friendly Employer scheme: This is a way for employers to confirm their commitment to developing a work environment and culture that enables employees with endometriosis to thrive at work. Through the scheme, Endometriosis UK provides guidance for employers on how to support employees with endometriosis and menstrual health conditions, and work towards improving the work environment in three key areas: 1) leadership and management support 2) tackling stigma and changing culture 3) communications.
Implement reasonable adjustments: The sensitive and complicated nature of this condition means many employees may choose not to disclose the symptoms or diagnosis to their manager or colleagues. However, in circumstances where an employer is aware, or could be expected to know, that an employee has endometriosis, they may have a legal duty to make reasonable adjustments (depending on the impact of the condition on an individual and whether or not this amounts to a disability in the circumstances). Each person with this condition will have a different experience and so understanding their specific needs is crucial. Typical adjustments might include, but are not limited to:
- Allowing time off for medical appointments, without having to use annual leave.
- Considering endometriosis related absences as separate to other sickness/illness.
- Change in working hours.
- Hybrid or homeworking.
- Special equipment being provided.
- Change in duties.
- Amended targets.
- Access to hot water bottles and places to lie down.

Such adjustments might allow an individual to manage their condition better, which will benefit them on both a short-term and long-term basis. It will also mean that steps are being taken to prevent their career advancement being adversely impacted, which is a common limitation experienced by those affected by endometriosis. Ultimately, communication and flexibility will be key.

Offer support services: This can be as easy as directing staff to external sites or organisations for information and support, such as Endometriosis UK, but might also include access to occupational health professionals who may be able to suggest appropriate reasonable adjustments.
Conduct regular check-ins: This will allow an employer to monitor their employees’ wellbeing, ensure they are supported and consider whether anything more can be done.
Provide training: Provide staff, particularly managers and HR, with endometriosis awareness training.

It is hoped that as more employers take these additional steps to support their employees, this will become the societal norm, such that others will follow suit.

Progress in Parliament?

The conversation is also well and truly alive in Parliament with Conservative MP, Alex Shelbrooke, debating the topic in Parliament last month. He submitted five requests of the Government:

Promote the Endometriosis Friendly Employer scheme.
Work with other Departments to interact with the menopause taskforce and the shocking lack of support for women with fertility problems.
Get the Department for Work and Pensions to recognise that endometriosis can be a disability.
Ensure employers fully understand the Equality Act to protect endometriosis sufferers in the workplace.
Create a scheme to promote endometriosis-friendly employers.

It has since been confirmed by Conservative MP, Paul Scully, that the Government's women's health strategy, to be published later this year, will focus on workplace health as one of its six priority areas. It will include a chapter on "Menstrual health and gynaecological conditions" which will explore ways to improve awareness, care and treatment of those suffering from endometriosis and other similar conditions.

As previously acknowledged, endometriosis is a sensitive and complicated topic. However, by getting the conversation started and raising more awareness, we can break the stigma together and ensure that employees are properly supported and taken care of.

If your organisation requires assistance and advice in relation to supporting staff affected by reproductive health issues, such as endometriosis, whether in respect of implementing policies/procedures, considering reasonable adjustments in the workplace or a specific employee matter, please get in touch with a member of our Employment Team who will be able to assist.

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “Lancashare” and a member of our team will be happy to assist you.

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