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From the employer’s perspective

Menopause is a matter that needs sensitive handling and is a health and wellbeing concern. Managed well, the business or organisation can expect to retain and recruit skills and experience and may well increase its competitive edge.
Facts:

  • most women over 50 will have or have had perimenopausal or menopausal symptoms affecting their work.
  • for one in three, the symptoms will be severe. For one in four, the symptoms will be mild.
  • as many as one in 20 women may go through early menopause. Early menopause happens when a woman’s periods stop before the age of 45. It can occur naturally or as a side effect of some treatments or surgery.

Menopause and the law

This section is provided for consideration; legal guidance should be obtained from a suitably qualified employment lawyer.

Two main acts of law are important when considering employees experiencing The Menopause Years; namely, The Equality Act, 2010 and The Health and Safety and Work Act 1974.

The Equality Act 2010 protects employees against discrimination; including their sex, disability and age. While menopause is not explicitly protected under the Equality Act, where an employee is mistreated because of menopause, this may amount to discrimination. For example, in Davies v Scottish Courts and Tribunals Service, 2018, menopause symptoms were accepted as a disability in an employment tribunal.

In addition to protection under the Equality Act 2010, the Health and Safety at Work Act 1974 says an employer must, where reasonably practical, ensure their employees’ health, safety, and welfare at work (Karakus, Hatch Brenner Solicitors, 2019). Potential legal risks to the business appear to fall around the possibility of sex, disability, and age discrimination.

Health, Safety and Welfare at Work

Making sure health and safety checks are already in place, are regularly carried out, and risks minimised, reduced or removed, can help manage the effects of menopause.

For example, an assessment might include:

  • temperature and ventilation
  • materials in an organisation’s uniform
  • employee rest facilities
  • location of toilet and washroom facilities
  • availability of drinking water

ACAS suggests that it is good practice for an employer to allow an employee to go to medical appointments, including those for menopausal symptoms. There is no right in law for time off; however, the employee’s employment contract might stipulate a right to paid or unpaid absence in these circumstances.

In summary, it is crucial for organisations that their managers and employees are aware of menopause and whether its effects amount to a disability in law. However, equivalent effort around focusing on ‘reasonable adjustments’ for individuals is equally important. In the next section, we take a look at how to make the work environment menopause-friendly.

Creating a menopause-friendly WORKPLACE

To help you in the workplace, we have put together some thoughts around areas you might like to address to make your workplace menopause-friendly.

Policy Development

There is no legal requirement (yet) to have a menopause policy or guidance document, but it is best practice to have accessible and well-publicised information. It is also helpful to review existing policies to ensure they align with your menopause information, e.g. flexible working and reporting absence and sickness.

An employee knowing that their organisations managers are open and trained to talk and listen sensitively about the effects of menopause, and offer considered support, should provide them with the confidence to approach their manager.

Where an employee feels unable to raise menopausal-related concerns with the direct line manager, the employee should be given the option of talking to someone else with the necessary knowledge and training.

For example, options might include:

  • Human Resources team member
  • Trade Union Representative
  • Menopause Resilience Coach
  • A counsellor from the Employee Assitance Programme (EAP)
  • Menopause or Wellbeing Champion*
  • Occupational Health team member

*This person could provide a point of contact for both employees and managers who need advice or someone to open up the conversation. Their other responsibilities might include:

  • Develop and deliver workshops in their organisation to raise awareness among employees and managers
  • Execute the menopause communications plan (ECP) – see below
  • Ensure that health and safety risk assessments are suitable for menopause
  • Set up a support network for staff
  • Tell employees and managers where they can find more information

Developing A Culture of Menopause Acceptance

A good communications plan can support a culture of menopause acceptance. The tone should be one of sensitivity, dignity and respect.

If executed well, it will support appropriate menopause discussions inclusively. For example, the plan might include information about menopause on your intranet or other staff channels, colleague networks., designated menopause champions, promoting menopause awareness campaigns, menopause awareness and education sessions for colleagues.

Training Managers and Supervisors

Knowing how to talk about menopause within the workplace is vital. Those in leadership positions at all levels should be provided with the appropriate level of training as many people find it challenging to discuss menopause due to its sensitive and personal nature.

Any curriculum should give managers the confidence to hold appropriate, confidential, compassionate and supportive conversations about menopause. They also need to be aware of employment law concerning discrimination and how this relates to someone experiencing any adverse effects of The Menopause Years. Managers should also receive training to understand the range of menopause symptoms and their possible consequences. They should be fully conversant with company policy and aware of all available support and how to make ‘reasonable adjustments’ if required.

Ideally, they will be encouraged to take a person-centred approach and be comfortable with the ‘one size doesn’t fit all approach’. Above all, the manager needs to understand that they must leave it to the employee to disclose their concern. A manager can generally inquire about an employee’s wellbeing, such as ‘How are you?’, but they must not ask if they want to talk about menopause or suggest they might be experiencing symptoms. At all times, a manager should respect an employee’s wish for privacy.

Environment

Environmental adjustments can often have the most supportive impact when working with an employee struggling with menopausal symptoms. As previously mentioned, each person is different but below is a list of some interventions that have worked for others:

  • Offering flexibility, including supporting staff to work from home where practicable
  • Improving temperature control and ventilation – providing a fan and a desk seated near a window that opens
  • Allowing the employee to take breaks when needed
  • Providing a private area where the employee can rest for a while to help manage their symptoms
  • Moving the employee’s desk close to a window that opens
  • Being flexible where possible over the employee’s start and finish times to help them manage their symptoms
  • Allowing them to work from home when practical
  • Allowing the employee time off if they cannot carry on working that day
  • Changing specific duties in the employee’s role
  • Moving into a more suitable job role
  • Going part-time
  • Switching to a job share
  • If a uniform is required, can it be layered, can other garments be provided, is the fabric breathable, can the fit be adjusted
  • Those required to stand for long periods or are customer-facing, option provided for additional breaks