Menopause and the workplace continues to be at the forefront of conversation for many businesses.
The last 50 years or so has seen the structure of the workplace change dramatically. According to the NHS, women between the ages of 40 and 55 were the fastest growing demographic in the workplace in 2022, with one in six workers being a woman aged 50 or over – many of them at a senior level.
In recent years, menopause has been getting increased media coverage and, back in October 2021, it was debated in the House of Commons. Employment tribunals are also seeing a growing number of cases of unfair dismissal and sex and age discrimination claims brought by employees experiencing menopausal symptoms, who have suffered poor treatment by their employers.
What is the menopause?
The menopause is a natural stage of life, which usually occurs in a woman’s late forties or early fifties.
Women undergoing the menopause or perimenopause can experience a wide range of symptoms, including insomnia, fatigue, headaches, anxiety, difficulties with memory and concentration and palpitations. Some women experience very mild symptoms, but for many these are more severe and can make working life challenging. While for many, symptoms last for approximately four years, in some cases, it can be much longer.
The ‘perimenopause’ happens when a woman’s body is starting to change in the build up to the menopause – although this is not the same as an early menopause. Another part of the process is the ‘postmenopausal’ stage – where a woman has not had a period for over 12 months – and some women may have symptoms during this time.
A trans man – someone who proposes to go through, is going through or has gone through a process, or part of a process to change their gender from female to male – may go through perimenopausal and menopausal symptoms. Also, those with variations of sex-development may go through the same symptoms.
What are the effects of menopause at work?
Findings from research carried out by the CIPD (Chartered Institute of Personnel Development) found that 67% of working women suffering from menopause related symptoms believe that their symptoms had a negative impact on their performance at work. Of that 67%, 79% said they struggled with concentration, 68% experienced more stress than usual and more than half said there were times when they could not go into their place of work as a result of their symptoms.
Employers should be aware that, without proper support, the effects of menopause can lead to workers feeling ill, losing confidence, suffering mental health conditions, and even leaving their jobs. The ACAS guidance (referenced below) reminds us that menopausal issues, if not handled correctly, can lead to complaints of discrimination or harassment on grounds of gender, disability or age, and could also have health and safety implications.
It is important to note that if menopause symptoms are long-term and have a significant impact on an individual’s ability to carry out day-to-day tasks, that these symptoms could amount to a disability, which will provide the individual with further employment protections under the Equality Act 2010.
How can employers support workers going through menopause?
Many workers will feel reticent about sharing the issue with their employer. Ways of countering this understandable reluctance could include having a menopause or wellbeing champion in your organisation, training managers on how to handle such issues with dignity and sensitivity, and developing a written policy.
Once you are aware of an issue, ACAS (the Advisory, Conciliation and Arbitration Service) recommends that health and safety risk assessments should take into account factors such as heating and ventilation, uniform fabrics, availability of drinking water, rest areas and toilets. Sickness absence also needs to be carefully managed in order to avoid allegations of discrimination. Additionally, ACAS recommends that employers carry out managerial training and have a menopause policy in place.
If a constructive and sensitive conversation can take place with a line manager or someone else in the organisation, then steps can be taken towards agreeing changes at work to help the worker manage their symptoms at work. These changes could be as simple as providing a fan, allowing breaks when needed, or moving a desk nearer to an open window.
Addressing issues that can arise for menopausal women is a next logical step on the way to creating a modern organisation that values female staff at the peak of their careers, which often coincides with menopause. Offering flexible working hours, the option to work from home or even a different workplace set-up can provide solutions to the problems caused by the menopause.
Normalising menopause as a topic of consideration and discussion will also help to create an inclusive working environment for employees at every stage of their working lives. Starting an open conversation about menopause and putting in place an effective menopause policy is the best way to engage employees and maintain their wellbeing and growth.
How can employers access more advice?
It is worth reading ACAS’ detailed guidance in full and for more information on the policies and procedures employers should consider to effectively support colleagues going through the menopause, you can watch our menopause webinar on catch up.
If you are considering putting a menopause policy in place within your organisation, if you need help with developing a policy, training managers or managing a difficult workplace situation, please get in touch with our specialist employment law team.
Our Legal 500-rated employment law team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.
About ACAS and EHRC
ACAS (the Advisory, Conciliation and Arbitration Service) is an organisation which provides advice to employers and employees. Additionally, EHRC (the Equality and Human Rights Commission) is an independent statutory body with a responsibility to encourage equality and diversity an seeks to eliminate unlawful discrimination.
Both ACAS and the ECHR offer guidance and advice for employers on supporting employees going through the menopause at work.
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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