Employers should check they are having the right conversations to support those experiencing problems in the workplace because of menopause.
With growing numbers of women continuing in the workforce through middle age, and rising numbers of tribunals referencing menopause, the topic is set to have a significant impact on workplace policies in future.
Official labour statistics show that the over-50s accounted for 72 per cent of the growth in the employment of women between 1992 and 2012. Further, Court records reveal that menopause was cited in twice as many tribunal cases in the first six months of 2021 than the whole of 2018.
In addition, it’s important for employers to recognise that menopause may also affect people who are trans or intersex, not just those who were gender-assigned as women at birth. Relatives and carers of someone going through the menopause may also be affected, for example due to sleep disturbance which is a common symptom of menopause.
The Health and Safety at Work Act 1974 requires employers to ensure the health, safety and welfare of all workers. In the case of those experiencing menopause, this could include risk assessments that consider their specific needs, such as adequate ventilation to avoid over-heated working conditions, or provision of appropriate toilets and access to water.
The Equality Act 2010 prohibits discrimination on the grounds of sex, whether directly, indirectly or by harassment. An example in the case of menopause could be where an employer does not consider symptoms arising from menopause to be mitigating factors in reviewing performance, where similar symptoms arising through another condition would be considered for male workers.
An important milestone in recognising the impact of the menopause came with a tribunal judgement handed down in 2019. This involved a woman who suffered significant medical problems together with stress, memory loss and tiredness. Whilst the tribunal’s judgement did not suggest that experiencing the menopause amounted to a disability, it said that the symptoms may have physiological and physical consequences that meet the definition of disability under the Equality Act, with a substantial and long-term adverse effect on a person’s ability to carry out day-to-day activities.
Many employers still feel this is a subject they do not want (or perhaps need) to tackle but it’s an issue which cannot be ignored and a clear policy is important. The impact for some will be the same as having a long-term health condition and require reasonable adjustments.
But whilst open discussion can help to avoid difficulties arising by enabling women to feel they can raise problems and ensuring that fellow workers appreciate the impact of menopausal symptoms, a sensitive approach is essential.
That’s demonstrated by a case to reach a tribunal in January 2022. Sales assistant Leigh Best won an age and sex harassment case after her male boss made loud comments about her going through menopause in front of customers. The hearing panel found that the employer had been tactless in how he approached a “highly sensitive topic”, creating a humiliating environment for her at work.
The team at Buckles have experience of advising on these issues and drafting menopause policies.
If you have any queries regarding this or any other employment matter, please do not hesitate to contact a member of the team.
