Menopause and the workplace
The word Menopause may have Greek origins – (“men” meaning Month (related to the word Moon) and “pauein” meaning to cease or stop) – but that shouldn’t inhibit employers finding the right language to have appropriate conversations about something that affects so much of its workforce.
Menopause will affect all women in their lifetime at some point, with symptoms on average lasting between four – to eight years. It can impact on trans and non-binary people who do not identify as female. And with increased women in the workplace aged above 50, employers should take note.
What is menopause?
The NHS states that menopause (when periods stop) and perimenopause (symptoms before periods have stopped), can both cause symptoms like anxiety, mood swings, brain fog, hot flushes and irregular periods. These symptoms can last for months or years and can change with time.
Generations of workers will know that menopause symptoms and its effects don’t conveniently melt away the moment a work shift starts, and good employers will recognise and support their staff if those symptoms and effects start to adversely impact on their staff’s working lives.
Tribunals: Menopause - claims up
In 2021, an analysis of court records conducted by Menopause Experts Group, found that there were 23 employment tribunals citing menopause in 2021, an increase of 44% on the previous year.
Not a protected characteristic
In July 2022, despite a report from a cross- party group of MPs calling for the menopause to become a protected characteristic under the Equality Act 2010 (EqA 2010), the government is not currently planning to introduce menopause as a protected characteristic under the EqA 2010.
Protection for employees
Despite the government’s current stance on menopause as a protected characteristic, employers should still note that poor treatment by employers of employees experiencing menopause risks discrimination claims on the basis of sex, age and disability.
In addition, the Health and Safety at Work Act 1974 provides for safe working, which extends to working conditions when experiencing menopausal symptoms.
Proactive
Employers should remain proactive and take heed from developing case law. For example:
Less favourable treatment
- Ensuring that staff experiencing menopause do not suffer less favourable treatment, (which could give rise to claims for age discrimination).
Unfair policies that give rise to indirect discrimination claims
- Ensuring business policies are fair and do not unfairly disadvantage those experiencing menopause symptoms.
Ensuring other separate workplace policies that are in place (such as a Performance Management Capability or Sickness Absence Policy, an Equal Opportunities Policy, and a Data Protection Policy are at the same time properly actioned and carefully followed whilst managing menopause related matters. Merchant v BT (2012).
Supporting staff
Supporting staff can be as little as line mangers, finding the right language to have conversations about the menopause and how it can impact on working lives. Or it could be that HR know where to direct staff to relevant advice and assistance. Or it could even be that business leaders may want to commit to a menopause policy…
Introducing a menopause policy
It’s advisable that any plans to introduce a menopause policy considers staff involvement and although not required, a level of consultation.
Acas has published guidance for both employers and workers about how best to handle menopause-related issues in the workplace (Acas: Menopause at work).
A menopause policy does not have to be contractual, and policy makers will want to amend it from time to time and have an annual review.
Such policy would apply to employees, officers, consultants, self-employed contractors, casual workers, volunteers and interns. The board is likely to have overall responsibility for the policy, perhaps delegated to HR or another suitable role.
The backbone of any menopause policy will make menopause an issue for everybody, not just women, encouraging a supportive environment and culture for anyone affected by menopause in the workplace. Staff should know who they can talk to about what support they may need. Risk Assessments with support and adjustments should be considered by line managers, with referrals to Occupational Health if available or a doctor or an employee’s GP. Given the potential discrimination risks, employers should also take the opportunity to revisit their Equal Opportunities training to offer training on the menopause.
Menopause is a natural stage of life, and in time, finding the right language to openly talk about the menopause and its impact on worker’s lives will eventually become natural for employers. There’s a lot of support out there! In the meantime, if you are looking to start a conversation and would like advice on how to introduce a menopause policy at work, we would love to hear from you. Period.
You can contact Tracey Waite at Slade Legal on 01235 521920 or email tracey.waite@slade-legal.co.uk
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