In today’s evolving workplace, employers are increasingly recognising the need to support their employees’ well-being in various ways. In recent years, following some key tribunal decisions, employers have begun to focus on menopause support within the workplace.
As employers, we understand that fostering a healthy, inclusive environment benefits both employees and the business. At the same time, compliance with employment law is crucial to avoid potential legal challenges.
With World Menopause Day coming up this Friday, our blog explores the legal considerations surrounding menopause in the workplace and outlines best practices to ensure employers are supporting employees effectively while meeting your obligations under UK law.
Understanding Menopause and Its Impact on Work
Menopause is a natural stage in life that typically affects women between the ages of 45 and 55, although it can occur earlier or later. Employers should also be mindful that some younger employees can go through medical or early menopause. Symptoms of menopause can range from mild to severe and may include hot flushes, fatigue, mood changes, memory and concentration problems, as well as sleep disturbances. These symptoms can have a significant impact on an individual’s ability to perform their work duties. Employers therefore, have a duty to ensure that these employees are supported effectively within the workplace whilst also complying with employment law.
It’s important to note that menopause affects each individual differently. While Hormone Replacement Therapy (HRT) is a common treatment, it is not suitable for everyone. Employers must avoid presenting HRT as a universal solution and instead focus on providing a range of support measures that take into account the varying needs of their employees.
Legal Implications for Employers
From an employment law perspective, menopause can fall under several legal frameworks, most notably the Equality Act 2010. This act prohibits discrimination based on characteristics such as sex, age, gender reassignment and disability. Menopause itself is not classified as a disability, but its more severe symptoms can meet the legal criteria of a disability if they are long-lasting and significantly affect an individual’s ability to carry out daily activities.
Here are the key areas of law to be aware of:
- Sex Discrimination –Women experiencing menopause symptoms and who are treated less favourably than men as a result could claim direct sex discrimination. In addition, failing to support employees going through menopause could be seen as indirect sex discrimination, particularly if policies or practices disproportionately affect women. Employees experiencing menopause symptoms may also be protected from harassment and victimisation on the grounds of sex; for example, jokes about the menopausal state can result in claims for harassment relating to sex.
- Age Discrimination – As menopause typically affects women over the age of 45, a lack of support may lead to claims of age discrimination (including harassment and victimisation) if older employees are treated less favourably.
- Disability Discrimination – If an employee’s menopausal symptoms are severe enough to be classified as a disability, employers must provide reasonable adjustments in accordance with the Equality Act 2010. A number of discrimination claims have arisen from disability tribunal cases, where employees have successfully argued that action taken against them has been discriminatory in respect of their menopausal symptoms.
Reasonable Adjustments: Meeting Your Legal Obligations
Under the Equality Act 2010, employers have a duty to make reasonable adjustments to accommodate employees with disabilities. Although menopause itself is not automatically classified as a disability, its symptoms could meet the definition if they have a substantial and long-term effect on the employee’s ability to carry out normal day-to-day activities. This means employers may need to consider making adjustments for employees affected by menopause.
Reasonable adjustments to consider with employees could include:
- Flexible working hours – Sleep disturbances are common during menopause, and employees may benefit from altered work schedules to help manage symptoms such as fatigue.
- Temperature control measures – Providing desk fans or allowing employees to control their work environment’s temperature can help manage hot flushes.
- Relaxed dress codes – Hot flushes and increased sensitivity to heat may require a more flexible approach to dress codes, enabling employees to dress comfortably.
- Additional breaks – Employees may need extra breaks to rest and recover, particularly if they are dealing with fatigue or other symptoms.
Implementing these adjustments not only helps employees manage their symptoms but also reduces the risk of discrimination claims, ensuring that you are meeting your legal obligations.
Employers should also ensure that they comply with the Health and Safety at Work 1974 for all employees including those experiencing menopausal symptoms. This includes undertaking individual risk assessments and considering any provisions which may support employees going through the menopause such as providing adequate ventilation through temperature control measures.
Education and Training: Fostering a Supportive Workplace
Creating an inclusive workplace where employees feel supported through menopause requires more than just making adjustments—it requires a culture shift. To achieve this, employers should consider providing education and training on menopause awareness for both managers and staff. This helps to reduce stigma and ensure that everyone in the organisation understands the challenges faced by their colleagues.
Consider implementing the following training programmes:
- Manager Training – Educating managers on the impact of menopause and how to support employees is essential. This could include recognising symptoms, offering flexible work arrangements, notifying employees of Employee Assistance Programs (if applicable) and understanding when to suggest occupational health referrals.
- Staff Awareness Sessions – Providing sessions for all staff can promote understanding and foster a supportive environment as well as normalising discussions about menopause and the impact it can have on individuals. Employees who feel supported by their peers are more likely to remain engaged and productive.
- Clear Policies – Developing a clear menopause support policy ensures that employees are aware of the support available to them. This policy should outline how the company handles requests for adjustments and the role of HR and occupational health in providing support.
Benefits of a Supportive Approach
By implementing clear strategies and policies to deal with menopause within the workplace, helps employers to mitigate legal risks while also fostering a more inclusive and productive workplace. Supporting employees through menopause is not just a legal obligation—it’s an opportunity to demonstrate a commitment to equality and inclusivity and create a workplace where everyone feels valued and supported.
By understanding the legal implications of menopause in the workplace and implementing best practices such as reasonable adjustments, education, and occupational health support, employers can foster a positive work environment that benefits both employees and the business as a whole.
If you would like to chat with an employment law professional about your businesses policies and procedures, you can get in touch with our team by filling out our online contact form or by giving us a call on 0330 111 3131.