Posted Thursday 3rd March 2022
While the pandemic has undeniably broken down barriers in the workplace in relation to the importance of mental health and the benefits of flexible working, certain stigma remains around menopause. As the UK’s working age rises and more women choose to stay in employment beyond the age of 45, no longer can employers remain unaware of their responsibilities to their employees.
As menopause is a natural and unavoidable part of ageing, all women above a certain age (the average age in the UK being 51) will experience the symptoms that accompany it, usually for a period of four or five years. Menopause can vary massively in duration and severity, and its common symptoms include hot flushes, difficulty sleeping, anxiety, and problems with memory and concentration.
Therefore, it is unsurprising that workers and employees enduring these symptoms over a prolonged period may find it more difficult to carry out their role than before, leading to a reduction in confidence that may also impact other areas of work, such as professional networking and informal socialising.
In the UK, menopause is not classed as a disability under the Equality Act 2010. However, should a woman’s symptoms of menopause become so severe that they affect her ability to carry out daily activities, she would be classified as disabled for the purposes of the legislation.
For employers, the impact of such a classification is two-fold. Firstly, the employee would henceforth be legally protected from discrimination. Secondly, the employer now has a duty placed upon them to make ‘reasonable adjustments’ to remove the disadvantages that the employee suffers due to her disability which other employees do not. Such adjustments may include providing the employee with short breaks and spaces to cool off in, sufficient ventilation and readily available cold water.
Failure by the employer to handle either of these aspects seriously will leave them open to claims of disability discrimination at the Employment Tribunal. Such claims are uncapped and subsequently means that compensation paid to a successful claimant can be substantial. Meanwhile, the public nature of Employment Tribunal judgments, made available on the UK government’s website, will likely result in employers suffering reputational damage.
One of the most effective means to create a healthy workplace and reduce the likelihood of potential litigation is to open a dialogue with all staff members on menopause. Education is key and therefore employers should consider circulating informative materials to all employees to normalise the topic and, in turn, invite suggestions as to how employees going through menopause may be supported. Employers may also contemplate implementing a menopause policy if they wish to strongly assert their values and support to staff, which will additionally raise awareness of the subject.
While building such a culture is a long-term undertaking, the benefits are not to be underestimated. A supportive work environment will benefit not only those experiencing menopause, but all employees who may become more comfortable approaching their superiors about other personal issues impacting their work and therefore will lead to achievable and amicable solutions for the benefit of the business. Similarly, much to the relief of employers proactively working to create a supportive workplace, issues relating to disability discrimination are more likely to be dealt with and resolved before escalation to Employment Tribunal.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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