Menopause Employment Law: UK Guidance for Employers

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Menopause Employment Law: UK Guidance for Employers

There are currently around 4.5 million women between the ages of 50–64 in employment. These women are the fastest growing group in the workforce, and are typically at the peaks of their careers, meaning they have the potential to serve as role models, and provide wisdom and knowledge throughout your organisation.

However, at present, many of these experienced and skilled women receive little support when they experience menopausal symptoms in the workplace. As a result, too many are left with no option but to cut back their hours or responsibilities, while others leave work altogether - taking their talents and expertise with them.

The loss of these women in the workplace can cause negative impacts on an organisation's bottom line. This is why it is essential for employers to do more to support staff members who are experiencing menopause symptoms, and to incorporate a more proactive women's health strategy into their overall approach to HR.

In this guide, we will consider:

  1. How to support employees who are experiencing menopause;
  2. An employer's legal obligations to this segment of the workforce, and;
  3. Some practical steps that can provide a more inclusive working environment for all.

What is menopause?

Menopause is the term used to describe the phase of a person's life when their menstrual periods come to an end due to a decline in hormone levels. It is a natural and inevitable stage of life that usually occurs between the ages of 45 and 55, but it can affect some people a lot earlier. Some people will experience medical menopause earlier in their lives after undergoing certain surgeries or chemotherapy, or simply due to their genetic makeup.

There are three different stages to the menopause:

  • Perimenopause - when the symptoms of menopause begin, but periods have not stopped. Perimenopause ends and menopause begins when the last period was 12 months ago.
  • Menopause - this is medically diagnosed when a person has not had a menstrual period for 12 consecutive months. This stage signifies the end of their reproductive years.
  • Postmenopause - this stage begins immediately after menopause and lasts for the remainder of the person's life. During this stage, menopausal symptoms may persist but often become less severe over time.

Medically, there is no single diagnostic test for menopause, and diagnosis is mainly dependent on the reporting of symptoms. There are numerous symptoms that women can face, including but not limited to:

  • Poor concentration/brain fog
  • Memory issues
  • Increased body temperature
  • Poor sleep, leading to fatigue
  • Muscle aches and itchy skin

Menopause symptoms vary from person to person, range from very mild to severe, and can persist for varying lengths of time. Factors such as age, disability, ethnicity and stress levels can impact the varying degrees and longevity of the symptoms. 

Individuals experiencing menopause symptoms may also experience psychological symptoms, including depression, low mood and loss of confidence, as well as other health concerns, and therefore should consult a doctor.

Menopause in the Workplace

A lack of awareness around menopause has led to the widespread mismanagement of women’s care needs in the workplace, which has in turn resulted in an exodus of highly skilled and experienced women from different sectors. 

A report from the Woman and Equalities Committee from July 2022 revealed a number of alarming statistics about women in the workplace who were dealing with menopause:

  • Three out of five menopausal women reported being negatively affected at work due to their condition.
  • 72% of women were less able to concentrate at work due to menopause symptoms
  • 70% experienced more stress as a result.
  • 52% stated they were less patient with their clients and colleagues when going through the menopause.
  • 30% had taken sickness absence because of menopausal symptoms; among these, only one-quarter had told their employer why. Reasons for non-disclosure ranged from privacy and embarrassment to having an unsupportive manager.
  • Only 12% had sought workplace adjustments to help them manage their symptoms.

These figures are reinforced by findings from a separate 2022 study from the Fawcett Society, which showed:

  • One in ten women who worked during the menopause reported having left a job due to their symptoms.
  • 80% of women said their employers have done nothing to share information and train staff on the menopause, or put in place a menopause absence policy.

This shows that at present, going through the menopause has a mostly negative impact on staff. Unless employers take a proactive approach to managing this issue, there is a real risk that they could experience significant workforce issues, financial issues due to replacement costs of employees, or even be taken to an employment tribunal.

Is menopause protected under any UK legislation?

Menopause itself is currently not considered to be a protected characteristic in UK legislation. However, under the Equality Act 2010, other protected characteristics such as age, disability, gender reassignment and sex can be associated with those experiencing menopause in the workplace. This means that while menopause is not explicitly listed, the symptoms and effects of menopause could lead to claims under the Equality Act 2010.

Employers have a legal obligation under the Equality Act 2010 to consider reasonable adjustments to accommodate employees experiencing menopausal symptoms, in turn considering and accommodating reasonable adjustments may reduce exposure to  discrimination claims. They also need to be able to show they have not subjected any employees to less favourable treatment due to menopausal symptoms. If an organisation is not pro-active in these cases, it will lose valuable workers, but they may also be found liable and end up spending thousands of pounds defending the claims or reaching settlements.

What should employers be doing?

The most effective way for employers to make sure they fulfil their legal duties, reduce its exposure to discrimination arising from menopause, and retain their most experienced staff is to follow the steps below:

Consult with staff

The first step to avoiding talent loss and potential claims is to ensure that employees and workers who are going through the menopause feel seen, heard and understood. Employers should ensure that all members of staff know that they are committed to supporting them.

This might involve regular check-ins, anonymous surveys to gather feedback on their needs, and creating safe spaces for open discussions about their experiences and challenges related to menopause. By fostering a supportive and inclusive environment, you can better understand the unique needs of your staff and address them effectively.

Offer support

After a discussion has taken place with an employee, employers should, where appropriate, accommodate bespoke reasonable adjustments with those who are experiencing menopausal symptoms. 

Examples of reasonable adjustments that can be offered to people experiencing menopause symptoms are detailed below, but it is imperative that employers determine what is potentially needed on a case-by-case basis:

  • Flexible working arrangements: allowing for flexible hours or remote work can help employees manage their symptoms more effectively.
  • Physical workplace adjustments: providing access to fans, cool drinking water and comfortable uniforms can help alleviate some physical symptoms.
  • Mental health support: offering access to counselling services or employee assistance programmes can support mental wellbeing.
  • Health and wellness programmes: encouraging participation in wellness programmes, such as yoga or mindfulness classes, can help reduce stress and improve overall health.
  • Providing workshops: organising workshops on menopause awareness and management can educate staff and create a supportive environment.
  • Educational videos: creating and distributing educational videos on menopause can help inform employees.
  • Celebrating Menopause Awareness Month: actively participating in Menopause Awareness Month with events and activities to raise awareness and show support.
  • Menopause advocates: appointing menopause advocates in the office who can provide peer support and act as points of contact for those needing assistance.

Review your policies regarding menopause

Employers should have a menopause policy in place to safeguard a fair and consistent approach when dealing with employees with menopausal symptoms. 

If a member of staff was to bring an employment tribunal claim, it may not be enough of a defence for an employer to state they had a menopause policy in place if no other steps have been taken. As such, evidence will need to be provided to show that these good intentions have been followed through with real action. This includes documenting all efforts made to support menopausal employees, such as reasonable adjustments made, training sessions conducted, and feedback received and acted upon. Regularly reviewing and updating the menopause policy to reflect best practices and legal requirements is also crucial.

Provide training

Management and HR departments should be well trained on talking about menopause, and understanding what it is and how it can affect staff in the workplace. Managers should feel comfortable having conversations about menopause and be ready to advise on what support is available, both inside and outside the organisation.

Training should also be given to the recruitment team on how to review their processes for any potential discrimination within their job descriptions, interview questions and assessment days. This training should cover recognising unconscious bias and ensuring that the recruitment process is inclusive and fair. Additionally, ongoing education for all employees about menopause can help foster a more inclusive culture, reduce stigma and encourage supportive peer relationships.

If you are unsure about your legal obligations and responsibilities when it comes to supporting staff members going through menopause, you should contact Laura Wharton at JMW Solicitors for advice.

Learn more about ouremployment law services for businesses. You can also call us on 0345 872 6666 or complete our online enquiry form to get in touch.

To find out more about how to navigate your way around menopause in the workplace and support your talented staff who may be experiencing menopausal symptoms, take a look at our workplace menopause flowchart below.

This chart highlights key data from the Fawcett Society and the British Standards Institution publication BS 30416:2023, detailing key information on menopause, its symptoms, and its legal and financial consequences for organisations.

Menopause flowchart
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