Add gynaecological conditions e.g. Endometriosis to Equality Act 2010 Guidance

We call on the UK government to include gynaecological conditions such as endometriosis, adenomyosis, fibroids, PCOS, PMDD, menopause & menstrual disorders as “impairments with fluctuating or recurring effects” in the Equality Act 2010 Guidance on the definition of disability (published in May 2011)

This Government recognises the difficulty and pain that some girls and women face in managing symptoms related to gynaecological conditions. We understand that menstrual or reproductive health issues can have a significant impact on some women’s physical and mental wellbeing, including their participation in the workforce.

The Government is taking action to improve the support available. This includes helping employers to take effective steps to support the health and wellbeing of their female employees, strengthening rights relating to sick leave and flexible working, and improving how the health system addresses gynaecological conditions.

The Equality Act 2010 (the Act)

Symptoms related to gynaecological conditions can be serious and have a substantial and long-term adverse effect on a woman’s ability to carry out day-to-day activities. These symptoms can fall under the definition of disability in the Act. Women experiencing discrimination or harassment related to a gynaecological condition may be able to bring a claim on the grounds of sex and/or age.

Where an employee’s symptoms meet the definition of a disability, employers must take reasonable steps to avoid putting that employee at a substantial disadvantage compared to those who are not disabled.

Guidance on the Act’s definition of disability does not provide a comprehensive list of impairments that would meet its tests. Protection is not generally limited to specific conditions but instead depends on their effect. For the purposes of the Act, an impairment is the effect of any physical or mental condition and it is not necessary for the cause of the impairment to be established, nor does the impairment have to be the result of an illness. Any person that falls within this definition will be protected as having a disability. We therefore do not plan to amend the statutory guidance. However, the guidance is clear that a disability can arise from a wide range of impairments and the Act’s protections will apply wherever its tests are met.

The Equality and Human Rights Commission (https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers) and the Advisory, Conciliation and Arbitration Service (https://www.acas.org.uk/menopause-at-work/menopause-and-the-law) have produced guidance on menopause which sets out existing protections.

The Employment Rights Act 2025 (ERA)

The Government strongly supports inclusive, health-promoting workplaces and practical, evidence-based approaches to reasonable adjustments. Through the ERA, we are taking steps towards requiring large employers to publish an action plan covering how they support employees experiencing the menopause, and how they are narrowing their gender pay gap, which we anticipate will open up discussions on women’s health more broadly.

Office for Equality and Opportunity guidance includes advice on measures such as: flexible working; line manager training; networks and support groups. This highlights where actions to improve menopause support may also benefit employees experiencing health conditions related to menstrual health.

The ERA also includes measures which could benefit women with gynaecological conditions, including strengthening Statutory Sick Pay (SSP) and extending flexible working.

We have removed the Lower Earnings Limit to widen eligibility to up to 1.3 million employees previously not entitled to SSP and removed the three-day waiting period so employees receive SSP from the first day of sickness absence.

Employees now have a day one legal right to request flexible working. This can help people to manage symptoms, attend medical appointments, and reduce formal sickness absence. We continue to encourage businesses to offer compassionate or flexible working arrangements to help employees balance work and personal responsibilities.

Women’s Health Strategy

In April we published the renewed Women’s Health Strategy (https://www.gov.uk/government/publications/renewed-womens-health-strategy-for-england), which puts the 10 Year Health Plan’s care model into action to deliver faster, tangible improvements that matter most to women across England and sets out how the Government will:
● make women’s voices and choices central in healthcare
● transform NHS performance in services that matter most to women
● tackle the biggest causes of death and poor health in women
● create an approach to research and development that works for and empowers women

Conclusion

Thank you for calling on the government to include gynaecological conditions as “impairments with fluctuating or recurring effects” to the statutory guidance on matters to be taken into account in determining questions relating to the definition of disability.

The Government is taking action to improve the support available by helping employers to take effective steps to support the health and wellbeing of their female employees, strengthening rights relating to sick leave and flexible working, and improving how the health system addresses gynaecological conditions. The Government recognises the significant impact of menstrual and reproductive health issues and will continue engaging with organisations to ensure policy reflects lived experience.

Cabinet Office