Menopause marks the end of menstruation, and most women experience it in their mid-forties to mid-fifties, though many will go through it earlier. For a significant number of women, symptoms persist for approximately four years, but in some instances, they can last a lot longer. The effects of menopause vary among women, and some may have severe or debilitating symptoms that affect their quality of life.
In the past, women experiencing menopause have largely faced a lack of organisational support, awareness and sensitivity in the workplace. However, the topic of menopause in the workplace is gaining attention, with a growing recognition of the necessity to support employees who are dealing with menopausal symptoms. Last year, the Equality and Human Rights Commission (EHRC) provided guidance for businesses on practical measures to assist their staff and highlighted the potential legal ramifications of neglecting this responsibility.
In this article, we outline key aspects of menopause in the workplace, including the impact on individuals and businesses and best practice advice for employers to create a supportive working environment while fulfilling their legal obligations.
Effects of Menopause on Work
Menopause can have a profound impact on women in the workplace, with many women facing adverse consequences on their careers and job performance due to various symptoms. A survey conducted by the CIPD revealed that 73% of women between the ages of 40 and 60 in the workforce have experienced symptoms associated with the menopause transition. Furthermore, two-thirds (67%) of these women reported that these symptoms negatively affected their professional lives. The findings also indicated that 10% of women resign from their positions due to menopause-related symptoms, while many more opt to cut down their hours or decline promotions.
For employers, it is crucial to be aware of menopause-related symptoms and the possible effects these can have on a woman’s physical, emotional and mental health. Typical symptoms include hot flushes, hair loss, memory lapses and concentration issues, mood fluctuations, headaches, joint stiffness and weight gain. Furthermore, women may suffer symptoms during the perimenopausal phase, which is when their bodies are transitioning towards menopause.
Some of the common workplace challenges encountered by women undergoing menopause include:
- Decreased productivity and efficiency due to tiredness, poor sleep quality, memory issues and concentration difficulties.
- Hot flushes in a warm or inadequately ventilated office environment
- Increased absenteeism stemming from physical and mental health issues, medical appointments or insufficient support
- Diminished confidence and self-esteem due to mood swings, anxiety, depression or changes in physical appearance.
- Impaired communication and relationships with colleagues, supervisors and clients due to irritability, emotional sensitivity or withdrawal.
Importance of Addressing Menopause in the Workplace
Addressing menopause in the workplace is essential for employers due to its potential impact on employee well-being, productivity and retention. Additionally, employers may encounter legal challenges if they do not provide sufficient support and accommodations.
Employee Well-Being
Menopause can have a profound effect on women’s physical and mental health, which in turn affects their job performance and their ability to maintain a healthy work-life balance.
Productivity and Retention
Since a significant number of women leave their positions as a result of menopause symptoms, addressing this issue can improve employee morale, decrease absenteeism and help retain valuable, skilled and experienced employees.
Legal Compliance
Neglecting to address menopause in the workplace may lead to legal complications related to discrimination based on sex, age or disability. Employers are legally obligated to make reasonable adjustments for employees facing menopausal symptoms.
Diversity and Inclusion
Menopause is a natural stage of life that impacts a significant segment of the workforce. Fostering an inclusive environment where menopause is openly discussed and supported is crucial for advancing diversity and inclusion. It also reassures the workforce that their employer is committed to supporting employees through challenging times and promotes a culture of respect and responsibility.
Costs Savings
Proactively addressing menopause can lead to long-term savings for the business by minimising costs associated with lost productivity and staff turnover, as well as avoiding potential legal settlements. These expenses often far exceed the costs of implementing minor adjustments to the working conditions of menopausal employees to help them remain in their roles.
Common Challenges for Employers
Many employers are unaware of menopause and its potential effects on employees, resulting in a lack of open communication and support. This lack of awareness complicates the management of performance issues that arise from menopause symptoms. Moreover, due to historical stigma, many women feel uneasy mentioning menopausal symptoms in the workplace. They might believe that raising this issue with their employer will yield no positive outcome, as nothing will be done in response, or even worse, they may fear judgment or discrimination.
To address this challenge, employers should strive to cultivate an inclusive and open company culture that encourages women to feel secure in talking about their menopause symptoms. Furthermore, employers need to educate their staff on how to approach this subject with empathy, discretion and sensitivity.
Legal Rights and Protections
The EHRC guidance on menopause in the workplace outlines the legal responsibilities of employers under the Equality Act 2010 and emphasises the necessity of preventing discrimination. Employers must not treat employees less favourably or disadvantage them due to menopause symptoms, either directly or indirectly. Additionally, employers have legal responsibilities concerning employee health and safety and may need to implement reasonable adjustments to meet the needs of menopausal women.
Protection under the Equality Act 2010
Although menopause itself is not classified as a protected characteristic under the Equality Act 2010 (the ‘EqA’), employees who are experiencing menopause or suffering from perimenopausal symptoms may find protection from discrimination through other protected characteristics such as disability, sex or age.
For instance, if an employer starts performance managing an employee due to performance issues stemming from adverse menopausal symptoms, and if those symptoms qualify as a disability under the EqA, there could be a potential claim for direct disability discrimination, as well as possibly a failure to make reasonable adjustments, particularly concerning any performance improvement plan in place.
The specifics of these claims will vary based on the individual circumstances and the menopause symptoms the employee is facing. Many menopause discrimination claims stem from the fact that menopause-related symptoms could be classified as a disability under the EqA. To meet the legal definition of disability, employees must demonstrate that their symptoms have a substantially adverse impact on their ability to undertake normal day-to-day activities and are or are likely to be long-term (lasting 12 months or more).
If an employee’s menopausal symptoms are deemed a disability, their employer is legally required to make reasonable adjustments to alleviate disadvantages caused by these symptoms. This could include:
- Altering working hours or permitting remote work
- Supplying a fan or making other workstation modifications
- Giving an employee additional time to improve performance or attendance
- Relaxing uniform requirements
- Ensuring access to a quiet space
- Permitting more frequent breaks
Failure to do so may result in legal action. For example, in a case involving Direct Line Insurance, the employer was required to pay nearly £65,000 for failing to provide reasonable adjustments for an employee experiencing menopausal symptoms.
Finally, employers must tackle any instances of harassment or bullying related to menopause and recognise that even comments made in jest or as banter could still be considered harassment under the EqA. In the case of A v Bonmarche, an employee successfully claimed sex and age harassment due to demeaning comments made by her manager regarding her menopause status, which caused her to feel unduly criticised and humiliated.
Health and Safety Considerations
Employers also have legal responsibilities under the Health and Safety at Work Act 1974, which requires them to ensure the health, safety and welfare of their employees. This obligation typically includes managing risks related to menopause and its symptoms. Employers should assess potential hazards and take steps to mitigate them, such as providing adequate ventilation and access to cold drinking water, allowing rest breaks, or offering flexible working arrangements.
Best Practice For Employers
Often, implementing a few straightforward changes in the workplace can lead to significant improvements, even simply having open discussions about menopause can lessen the impact of certain symptoms and help individuals to continue performing well in their roles. Promote open dialogues about menopause to reduce stigma and foster a safe environment for employees to seek assistance.
A vital way for your organisation to support employees experiencing menopause is to create and promote a set of internal guidelines through a dedicated menopause policy. These guidelines may include the following:
- Options for flexible working, such as remote working, working part-time, a period of unpaid leave or adjustments to the employee’s hours
- Providing rest breaks throughout the day
- Relocating the employee’s desk closer to an open window or supplying a fan
- Permitting menopausal women to attend medical appointments during working hours
- Providing a quiet rest area
- Being flexible with the employee’s start and end times.
Review and modify sickness absence policies to consider menopause-related absences, potentially excluding them under specific circumstances.
It is also crucial for managers to receive training not only on the symptoms of menopause but also on how to discuss it with sensitivity. While they are not expected to be menopause experts, they should show awareness and understanding and be able to guide the employee to additional support when needed. They should also recognise the importance of maintaining confidentiality when discussing menopause and adjustments.
Employee Support and Resources
Menopause impacts everyone in different ways, so any adjustments made should be tailored to meet each individual’s specific requirements. It is essential to regularly assess these adjustments and support measures to ensure they remain effective and continue to meet employees’ needs.
Employers should take the initiative to provide support and resources for employees experiencing menopause, fostering a culture of empathy and flexibility. This can be achieved by informing staff that you are committed to assisting those having difficulties due to symptoms, for example, through the use of posters or newsletters. Additionally, providing access to educational materials, webinars or, when feasible, training sessions about menopause for employees is advisable.
Next Steps
Our employment law specialists are available to advise and assist employers in addressing menopause in the workplace. If you need help creating guidelines for managers, advice on specific issues or wish to learn more about how to support your employees during menopause, contact our team today on 0300 303 2071 or email us.
