Migraines and the Workplace: Legal considerations for employers
With an estimated 1 in 7 people suffering from migraines, it is a common but misunderstood issue. Recent reports have covered the impacts migraines have on those who suffer and their ability to work. So what does this mean for both the employee and employer?
Is it a disability?
Potentially. Whether a condition is considered as a disability in the context of employment law ultimately comes down to the legal test which is applied on a case-by-case basis. This is:
- Is it a physical or mental impairment?
- Does it have a substantial and long term adverse effect on the employee’s normal day-to-day activities?
If the answer to both is yes, then it is likely to be a disability. Migraines have been found to amount to a disability in the past. For migraines, the impact and severity vary greatly, consequently, one employee who suffers from migraines may be classed as living with a disability whereas another may not.
What steps can an employer take?
If an employee lives with a disability, they are under a duty to make “reasonable adjustments”. However, an employer does not need to believe that an employee lives with a disability in order to make accommodations.
In order for a reasonable adjustment/accommodation to be effective it is best for the employer to consult with the affected employee and try to understand their needs. For example, in some cases, dehydration can be a trigger for migraines, so ensuring that an employee has ready access to water and adequate breaks could be an easy solution. In other cases, an employee’s migraines may be triggered by certain lighting conditions, so ensuring that lighting is appropriate and providing tools such as glasses or screen protectors to limit blue light may assist.
In other cases, the employee may have no known triggers, or triggers which cannot be addressed such as hormonal changes, and so preventative measures which an employer can take could be limited. In any case, even with the utmost care, migraine attacks may still come. In which case, the employer may need to consider other reasonable adjustments/accommodations such as working flexibly, or from home, or changes to the application of any sickness absence policy.
When talking to an employee about adjustments, you may want to consider asking:
- Do they know what, if anything, triggers their migraine?
- What are the symptoms they suffer and what impact does this have on their work?
- Have they found any remedies/coping strategies that they find helpful?
- Do they suffer with symptoms post-migraine that the employer should be aware of?
- What support do they feel they need?
By actively involving the employee in the solution and better understanding what the employee is going through, employers are better empowered to come up with and implement more effective strategies.
