Menopause In the Workplace – What Employers Need to Know

By Jo Handler, Senior Associate – Forbes Solicitors

Menopause has become a hot topic over recent years with increased media coverage raising awareness about its impact both at home and in the workplace. It is estimated there are four million women aged between 45-55 in work and that 400,000 of these women start the menopause each year. It affects 51% of the population and women of menopausal age are the fastest growing group in the workforce.

Research carried out by the Fawcett Society (based on survey results from 4000 women aged between 45 and 55) found that eight in ten women reported receiving no support from employers for the menopause, noting that their employer has not shared any information, provided any training, or put a menopause policy in place. The report also found that one in ten women have left a job due to their symptoms and 44% of women stated their ability to do their job has been affected by their symptoms.

Menopause therefore has a direct impact on the workplace and employers should ensure they are looking at ways to support this group if they wish to retain a key part of their workforce.

There are also legal risks for employers who treat employees unfairly for reasons connected to the menopause as they may face Employment Tribunal claims. The number of claims brought in 2021 involving menopause has increased by 44% since 2020 and this number is expected to rise in the future.

What does the law say?

In 2019, the House of Commons Women and Equalities Committee (WEC) launched an inquiry into workplace issues surrounding the menopause and its findings were published in July 2022 in its report ‘Menopause and the workplace,’. This made a number of recommendations, including a call on the Government to immediately consider making menopause a protected characteristic for the purposes of the Equality Act 2010, including a duty to provide reasonable adjustments for menopausal employees. The report also urged the Government to bring forward legislation, to make the right to request flexible working a day-one right and for model menopause policies to include the following as a minimum: how to request reasonable adjustments and other support, advice on flexible working, sick leave for menopause symptoms and provisions for education, training and building a supportive culture.

The Government has since responded to the WEC report stating it does not intend to make any changes to the Equality Act 2010, so legislative reform appears unlikely. However, the Government has stated that a Women’s Health Ambassador for England has been appointed who will sit on the newly established UK Menopause Taskforce and has encouraged employers to introduce workplace menopause policies.

Therefore, as the law stands currently, menopause is not considered to amount to a protected characteristic under the Equality Act 2010. However, if an employee is treated unfairly because of the menopause, this may amount to discrimination (for example on the grounds of disability, sex or age) and/or may be relied on by an employee to support an unfair dismissal claim.

Employers also have a statutory duty to ensure the health and safety of their employees so they may be in breach of their Health & Safety obligations if they fail to address risks and/or provide for the needs of menopausal employees.

What can employers do?

In order to retain talent and minimise the risk of legal claims, employers should create a culture where employees feel confident in discussing how they are feeling in respect of the menopause and feel that their concerns are dealt with seriously and sensitively. Employers should consider:

• Developing a menopause policy, which should be regularly reviewed and updated;
• Carrying out risk assessments and health and safety checks of all staff including those who are working from home. A risk assessment for the menopause could include temperature and ventilation of the workplace and noting whether toilet facilities are easily accessible;
• Implementing training for all members of staff, especially those in managerial and supervision positions, into the knowledge surrounding and the effects of the menopause;
• Managing absences from work sensitively, as the effects of the menopause can be long term and it affects everybody differently, by ensuring to record any absences in relation to the menopause separately from other absences. Employers should meet regularly with their staff and be prepared to make changes to help staff to continue their work and consider any performance issues which may be because of menopausal symptoms.
• Introducing a menopause or wellbeing champion who can help those affected by the menopause by running workshops in the organisation to raise awareness among staff, set up a support network for staff affected by the menopause and telling staff where they can find further information.

With “World Menopause Month” approaching in October, employers are encouraged to reflect on their current practices and take action.