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In a recent survey by CIPD of over 2000 women, more than half of them said their menopausal symptoms had a negative effect on their work and had left them unable to go to work at some point.
As an employer, it’s crucial that you stay up to date with the latest changes in employment law. Although there is no specific law surrounding menopause in the workplace, the Equality Act 2010 and the Health and Safety at Work Act 1974 apply.
The Equality and Human Rights Act Commission (EHRC) introduced new guidance in February 2024 outlining recommendations for employers on how to ensure people experiencing menopause are receiving fair treatment. This was following concerns over the number of people leaving work because of their symptoms.
In this blog, we discuss your responsibilities as an employer, the importance of a workplace Menopause Policy, and how to support your employees.
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It's important to note...
Although menopause is commonly associated with women’s health, the menopause can also affect non-binary people and trans-men.
What is the menopause?
Menopause is a natural biological process that marks the end of a person’s reproductive years.
It typically occurs between the ages of 45 and 55, with the average age in the UK being 51, but it can happen to people much younger.
During this transition, people may experience a range of physical and emotional symptoms. These include hot flushes, night sweats, mood changes, fatigue, and sleep disturbances, among others.
These symptoms can vary in intensity and duration, with some people experiencing severe effects that can significantly impact their daily lives and work performance.
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Menopause and employment law
As previously mentioned, there is no specific law surrounding menopause in the workplace, but employers can still face legal repercussions under the Equality Act 2010 and the Health and Safety at Work Act 1974.
Menopause and the Equality Act 2010
In England and Wales, menopause is not explicitly recognised as a protected characteristic under the Equality Act 2010. However, discrimination relating to menopause can link to some protected characteristics such as age, gender, and disability.
For example, as menopause only affects people born with female biology, sex discrimination applies. If menopausal employees receive unwanted comments or treatment because of their menopause, harassment can also apply.
In some circumstances, menopause can class as a disability if the symptoms heavily affect someone’s daily life. So, if an employer doesn’t allow a Flexible Working Request or make reasonable adjustments, they could be breaking the law.
Menopause and the Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 is in place so that employers uphold a working environment that ensures their employee’s health, safety, and welfare. A key part of this outlines how employers should make reasonable adjustments for their employees, especially where there is sickness and disability.
As an employer, you’re responsible for the safety of your staff, and to reduce risks, you must carry out risk assessments. A risk assessment will help you identify whether the workplace will negatively impact someone with menopausal symptoms. From there, you can make reasonable adjustments, reduce risks and help employees manage their symptoms.
Offering reasonable adjustments for menopausal employees
Not only are reasonable adjustments a legal requirement, but they can make a significant difference in supporting menopausal employees.
Some examples of reasonable adjustments include:
- Flexible working arrangements, such as adjusting start and finish times or allowing remote work.
- Access to comfortable workspaces with temperature control and access to drinking water.
- Frequent breaks or rest periods as needed.
- Adjustments to workloads or responsibilities during particularly challenging periods.
- Extra uniform allowances or different uniform requirements.
Employers should tailor their approach to suit the individual needs of the employee and their specific job role.
What is a Menopause Policy?
A good way to ensure you’re acting lawfully and preventing discrimination is by implementing a workplace Menopause Policy.
A Menopause Policy is a set of guidelines and procedures designed to support people going through menopause in the workplace.
It outlines the company’s approach to creating an inclusive and supportive environment for employees experiencing menopausal symptoms, ensuring they are treated fairly and with dignity.
As with any policy, you should share it company-wide and review it regularly.
What should a Menopause Policy include?
Menopause policies may differ between businesses, due to the nature of the work they carry out. However, there are some key aspects that every workplace should consider including. These are:
- Awareness and Education: Provide information and resources to raise awareness about menopause and its potential impact on people, especially in the workplace.
- Reasonable Adjustments: Outline the process for requesting reasonable adjustments to accommodate the needs of menopausal employees. This can include flexible working arrangements, access to comfortable workspaces, and breaks as needed.
- Sickness and absence: Clearly define procedures for managing sick leave relating to menopause symptoms.
- Support services: Provide appropriate support, such as access to occupational health services or counselling. If you have workplace health insurance, you can outline where this can help too.
- Training and Development: Offer training and development opportunities for managers and employees to better understand menopause and its implications in the workplace.
- Confidentiality: Reinforce the importance of sensitivity and confidentiality when discussing menopause.
- Conduct: Specify appropriate behaviour towards the subject of menopause and people experiencing menopause. Include information about discrimination and harassment.
Every person will have a unique experience during this time. Some may have minor symptoms and can carry on as normal. Some may have severe symptoms that affect their daily lives, including their work. It’s important to consider this when writing and implementing the policy.
How can a Menopause Policy affect other policies?
Menopause can affect many aspects of someone’s life, professionally and personally. This means some of your other company-wide policies may need updating to align with your Menopause Policy.
Some policies you may want to review include Sickness and Absence, Flexible Working, and Diversity and Inclusion.
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What else can you implement alongside a Menopause Policy?
Various other methods can help you support employees, and you may even include them in your Menopause Policy. These can include:
Raising awareness and providing training
Educating employees and managers about menopause and its potential impact on work is crucial. It’s also important to include the people who haven’t or won’t experience the menopause.
This can include training sessions, awareness campaigns, and access to resources, and support networks. Encouraging open and respectful conversations about menopause can help create a more inclusive workplace culture.
You may even take part in awareness days such as World Menopause Day, run by the British Menopause Society.
Accommodating absences
Employers should treat menopause-related absences with sensitivity and understanding. Due to the long-term nature of menopause, it is good practice to handle and record menopause-related sick leave separately from general sickness leave.
Job performance reviews
It’s not uncommon for menopause to affect someone’s work. You may want to adjust how you carry out performance reviews so that it’s still fair for the employee.
You can discuss the employee’s career goals with them. If necessary, you can adjust their plan to help them overcome any potential challenges. This could include extending deadlines, providing new educational courses, or even having more regular catch-ups with them.
Menopause Champions
This is similar to having a Mental Health Champion but instead requires specific knowledge about menopause. Menopause Champions can be anyone in the business, but they are most valuable if they have personal experience with menopause. Having champions can help raise awareness, provide peer support, and empower people to speak about their own experiences.
What could happen if you don’t implement a workplace Menopause Policy?
A Menopause Policy is not a legal requirement, but it can help you establish best practices at your workplace and avoid potential legal cases.
In the last 3 years, the number of employees who have taken their employer to tribunal for menopause-related discrimination has trebled. With this in mind, it’s vital to understand the laws, regulations, and guidance.
If you aren’t acting fairly, you can lose employees and gain a bad reputation. In the worst case, you could face a trial at the Employment Tribunal.
Employment Tribunals can cost a business tens of thousands of pounds. In one case in 2023, a company paid out £37,000 to a woman who experienced dismissive, unsupportive and offensive comments, and ultimately had to quit her job of 27 years.
By proactively addressing menopause-related issues with a Menopause Policy, employers can create a supportive environment that empowers menopausal employees to thrive in their careers.
Menopause is a natural process that affects a significant portion of the workforce. Addressing it with sensitivity, understanding, and practical support can have far-reaching positive impacts on employee engagement, productivity, and overall organisational success.
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