The media has recently been full of stories about the menopause, with some high-profile women arguing for employers to be more considerate to the challenges women face at this time. As an employer, it is important to understand the symptoms of the menopause and how this relates to the law.
The average age for women to reach the menopause is 51, but many experience menopause much younger, particularly if they have a full hysterectomy or some cancer treatments. At the other end of the scale, some women will not go through the menopause until much later. Women can also suffer symptoms when they are perimenopausal (i.e. when their bodies are preparing for the menopause). This can start as early as their thirties.
The symptoms vary but can include night sweats, hot flushes, mood swings, headaches, fatigue, joint stiffness and weight gain. There are also highly personal symptoms that some women experience that can cause further stress and anxiety. Some women experience little to no symptoms and some are unlucky enough to have a very difficult time. The length of time these symptoms persist for also varies, but they can go on for many years. You should not therefore judge one woman’s experience against another’s.
The menopause is not a specific protected characteristic under the Equality Act 2010. However, if an employee or worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be discrimination if it is related to a protected characteristic, for example: their age, disability or sex.
Age
Employees are protected against unfair treatment in the workplace because of their age and the menopause affects women in their mid-forties to mid-fifties.
Disability
Severe menopausal symptoms could be classed as a disability where they have a long-term and substantial effect on the employee’s ability to carry out day-to-day activities. If an employee has a disability, then the employer must make reasonable adjustments, for example by recording sickness absence for menopausal related symptoms separately from other sickness absence.
Sex
You must not treat a female employee less favourably than a male colleague because of their sex. If a menopausal employee suffers from a drop in their performance at work, that employee could claim gender discrimination if their menopausal or peri-menopausal symptoms are not taken as seriously as if a man had the same symptoms and they affected his work.
Additionally, the Health and Safety at Work Act 1974 says an employer must, where reasonably practical, ensure everyone’s health and safety and welfare at work. This extends to working conditions when experiencing menopausal symptoms.
One crucial way for employers to support employees who have reached the menopause is to devise a specific menopause policy. This might include the following:
- Providing training and guidance for managers.
- Options for flexible working, for example working from home, part time working, an adjustment to employee’s hours or a period of unpaid leave.
- The option to take rest breaks during the day.
- Providing a private, quiet rest area.
- Allowing menopausal women to attend medical appointments during the working day.
- The option for a menopausal employee to seek assistance from someone within the organisation who is trained to provide specialist assistance (instead of the employee having to go to their manager directly).
Good communication with employees affected, and not making assumptions, is key. Of course, for many women this is a private issue, and they won’t feel comfortable discussing it with male managers. As always, preventing issues is better than having to deal with a crisis. If in doubt, seek legal advice.
Lydia Wawiye is a litigation solicitor at Parfitt Cresswell
