Employment Advice
Women At Work
Women make up nearly half of the UK working population, and women over 50 represent the fastest growing segment of the workforce, so there are few workplaces where the menopause is not being experienced by staff.
Research shows that around 10% of women will stop working due to symptoms of menopause.
IN 2023, the government appointment the first ever Department of work and pensions menopause employment champion. Although this is a huge step forward, Helen’s role is purely voluntary and we really hope this will be a well recognised and remunerated accordingly in the future. Currently it is not a legal requirement to have a menopause policy at work, however we hope this is soon to change.
Recent research via BSI ‘ Lifting the second glass ceiling’ found that 54% of women would feel uncomfortable raising issues with their employer regarding menopause – especially with male managers.
You can read more about Helen and the work she does here
no-time-to-step-back-menopause-champion.pdf (publishing.service.gov.uk)
Menopause And Employment Legislation
Menopause is not a “protected characteristic” under the Equality Act 20107, but it can be connected to other protected characteristics like age, disability, sex, and gender reassignment. Employees have successfully argued that they were discriminated against because of their menopause, and employers should be aware of this. The 1974 Health and Safety at Work Act8 places a duty on employers to take reasonable care of employee’s health, safety and well-being, using risk assessments to mitigate physical and mental health issues. Furthermore, recent government proposals recommend that employers moderate the work environment to correspond to menopausal symptoms9. A recent 2022 survey conducted by the Women and Equalities Committee10 highlighted the following problems for menopausal women; 73% experienced hot flushes and night sweats, 81% experienced sleep difficulties, and 75% had issues around concentration and or memory problems. In addition, 69% of the women reported anxiety or depression as a symptom with 92% of these claiming it affected their work performance in the areas of concentration, stress and loss of confidence. These menopausal symptoms can be exasperated by workplace stress caused by the employment environment which could be mitigated by an employer’s empathic approach.
Employer Responsibilities
Employers must ensure that workers going through menopause are not harassed, treated unfairly, or disadvantaged because of their menopause. It is illegal to dismiss an employee or deny them a promotion based on their menopausal status. Employers must also make reasonable adjustments to support workers with disabilities, including those with menopause symptoms that affect their daily activities.
Reasonable Adjustments
Reasonable adjustments may include changes to working conditions, hours, or facilities, such as providing fans or access to cool areas. Employers may also need to allow flexible working or different work locations. Even if there is no legal duty to make adjustments, employees now have the right to request flexible working.
Health And Safety
Employers must ensure the health, safety, and welfare of their workers, including those experiencing menopausal symptoms. This includes providing access to drinking water, good ventilation, and temperature control measures, as well as conducting a workplace risk assessment.
It is important to note that employees in the UK have the right to have any Performance associated detriments due to menopausal symptoms mediated by their Direct managers and compensatory measures discussed therein9. If an employer were to take disciplinary action due to an employee’s menopausal related absences this can be viewed as unlawful discrimination unless objectively justified. Similarly, if employers or employees were to use discriminatory language that ridicules or negatively affects an employee due to menopause it can be an unlawful harassment act related to age sex and or disability7.
It is recommended that each workplace have a menopause policy – you can find example policies here….
If you feel you or your workplace would like help with regards to creating aa menopause policy or you feel you have been unfairly treated at work due to being perimenopasual – you can seek advice from the citizens advice bureau who have done a lot of work with regards to menopause Plymouth Citizens Advice – Citizens Advice