Approximately 8 out of 10 of menopausal women are currently in work in the UK, yet there has been a historical stigma surrounding menopause in the workplace. Many women are reluctant to discuss their experiences with their employers and employers are remaining ignorant on their obligations to support affected employees.
However, menopause has become increasingly topical for employers and employees alike, as shown by the clear increase in menopause-related claims being made in the Employment Tribunal over the past few years.
What is menopause?
Menopause is a hormonal shift that naturally occurs in women over the course of several years, usually between the ages of 45 and 55 years old. In the UK, the average age is 51 years old.
Prior to this, women enter the peri-menopausal stage at around 47 years old, where they start to experience changes to their menstrual cycle.
Symptoms across the stages can be physical, mental and emotional, including hot flushes, night sweats, insomnia, depression, memory loss, ‘brain fog’ and fatigue.
Given that the State Pension Age for women in the UK is 66 years old and 25% of women describe their symptoms as “severe and debilitating”, the menopause is having a significant impact across the workforce. Employers need to be informed of their legal responsibilities and the potential risks if they fail to adapt accordingly.
What should employers be aware of?
Disability discrimination
The menopause could be legally classed as a disability if symptoms manifest themselves as a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on a woman’s ability to carry out normal day-to-day activities.
Employers may have a legal obligation to make reasonable adjustments, which could involve re-locating affected employees near windows or providing fans, agreeing to flexible working arrangements (including working from home or varying hours) and additional time to complete tasks.
They also have a duty not to directly or indirectly discriminate because of the disability or subject such employees to discrimination arising from their disability.
Sex discrimination
As most women experience menopause, employers are obliged not to treat women employees less favourably and ensure they don’t suffer a menopause-related disadvantage as this could amount to sex discrimination. This could give rise to claims for direct and indirect discrimination, harassment and victimisation.
Age discrimination
The same types of claims could also be raised as age discrimination, given that most women who experience menopause are in a specific age bracket.
What could employers do?
- Develop and implement a menopause policy detailing the support available to employees
- Review other connected policies to ensure that there is a consistent approach, e.g. equality and diversity, flexible working and sickness absence policies
- Record menopause-related absences separately as it may be discriminatory to take disciplinary action for these
- Provide training for employees, particularly managers – education on menopause, the business’s policies and how to listen with sensitivity
- Carry out health and safety checks, e.g. to assess workplace temperature
- Consult with employees and appoint menopause champions
- Give affected employees an alternative point of contact, if they feel uncomfortable speaking with their manager
- Respect that a woman may be reluctant to speak about their menopause experience, especially openly in the workplace
- Address conduct issues in workplace culture, e.g. banter ridiculing or minimising the effect of menopause on some women
Although employers may be hesitant to spend time and money making appropriate changes, they should note that there is no cap on discrimination claims in the Employment Tribunal. The cost of failing to make changes could therefore be far more expensive.
Contact Peach Law today to find out how we can work with you to ensure your workplace policies and practices are legally compliant.
Email: hello@peachlaw.co.uk
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Call: 0161 478 3800
