Supporting employees with menopause in the workplace is an important part of employee wellbeing and is something that every employer can do. Here we take a closer look at some of the practical ways employers can help their employees who are going through the menopause at work.
Menopause and the law:
The NHS defines menopause as the time “when periods stop due to lower hormone levels.” It usually affects those between the ages of 45-55, but it can happen earlier. There are different stages of the menopause, starting with perimenopause, when the individual has symptoms of menopause, but their periods have not stopped.
Symptoms of the menopause vary in their severity from person to person and from day to day. Menopause and perimenopause can cause symptoms such as:
· Anxiety
· Mood swings
· Brain fog
· Hot flushes
· Irregular periods
These symptoms can start years before the individual’s periods stop and carry on afterwards. There are a range of ways to manage these symptoms, some of which can be implemented in the workplace to support the employee.
Depending on the severity of menopause symptoms, it can fall within the definition of “disability” in the Equality Act 2010. This applies where a mental or physical impairment has a substantial and long-term adverse effect on an individual’s ability to carry out normal day to day activities. Those going through the menopause can also be protected under the Equality Act 2010 under the sex and/or age protected characteristic.
Where menopausal symptoms meet the definition of disability under the Equality Act 2010, the employer is also under a duty to make reasonable adjustments to relieve the effect of those symptoms on the individual’s ability to perform their role. This was the case in Lynskey v Direct Line Insurance Services, where an employer’s failure to make an adjustment for the impact of the employee’s menopausal symptoms when issuing a written warning for performance resulted in a successful disability discrimination complaint, to the amount of £64,645.
However, it’s not recommended to wait until the symptoms reach this threshold to provide support; it should be offered to those going through the menopause regardless of whether the definition of disability applies.
Workplace adjustments:
The Equality and Human Rights Commission (EHRC) has produced guidance, Menopause in the Workplace: Guidance for Employers, on employers’ legal obligations towards employees experiencing symptoms of the menopause.
It provides advice to employers considering reasonable adjustments for those experiencing menopausal symptoms, and it includes:
· Considering the impact of the physical environment, including temperature
· Providing quiet areas and rest areas equipped with fans and other means of cooling down
· Reviewing uniform policies to allow for more comfortable clothing
· Discussing shift patterns with the employee and what changes can be made to help relieve the effects of symptoms
· Allowing working from home, where the employee’s work allows it, and their home environment is suitable
· Regularly reviewing the provisions put in place and having regular, open conversations with the employee and adapting adjustments where necessary.
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Following these recommendations, the guidance explains, not only helps the employer meet its statutory obligations but can also be a valuable employee satisfaction and retention tool, making it less likely for those experiencing menopausal symptoms to leave employment because of them.
Employers should consider the support they provide and whether there is more that they could do. Training managers on how to handle such matters sensitively can also be a good step to take. Having a menopause champion within the organisation might also be a way to promote an inclusive environment. In addition, a menopause policy could be key to demonstrate to employees that their employer is prepared to offer them support, specific to their needs.
Support can, therefore, go beyond environmental adjustments to the physical workspace, to working on creating a positive culture that embraces the valuable input that employees going through the menopause can continue to provide, and that is free from all forms of discrimination.
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Peninsula Team
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