Menopause in the Workplace: Employer Guide

Menopause is a natural phase in a woman’s life. While it is a significant life transition, the symptoms of which can significantly affect work performance, menopause, and peri-menopause, is often overlooked in the workplace, despite affecting a significant portion of the workforce.

Employment Solicitor Mohammed Balal considers how employers can foster a supporting and inclusive workplace.

Equality and Human Rights Commission guidelines

In an important step towards encouraging inclusion and addressing gender-specific health problems in the workplace, the Equality and Human Rights Commission (‘EHRC’) has recently produced extensive guidelines on the subject of menopause.

This action is a big step towards addressing workplace health concerns. These guidelines, which are supported by the requirements of the ‘EqA 2010’, shed light on the legal duties that employers have and provide advice that may be put into practice to promote supportive settings for those who are managing menopausal symptoms.

Considering the possible influence that these symptoms may have on an individual’s capacity to carry out their tasks, businesses are required to adhere to their legal requirements under the EqA 2010, while simultaneously cultivating an atmosphere that is inclusive and supportive.

Awareness and education

Employers should make it a top priority to raise awareness about menopause in the workplace and provide education and training to managers and employees, including information on its symptoms and the possible effect it might have on their performance at work.

Reasonable adjustments

In accordance with the EqA 2010, employers have a duty to make reasonable adjustments to support menopausal employees. This may include providing access to fans or air conditioning, allowing extra breaks, or adjusting workload and deadlines to accommodate fluctuating energy levels.

The establishment of avenues for communication that are both open and helpful is essential in the process of normalising talks around menopause.

How can menopause affect your employees’ work?

Some of the most common difficulties that employees who are going through menopause face in the workplace include:

• Poor concentration
• Tiredness
• Poor memory
• Feeling low/depressed
• Lowered confidence
• Hot flushes

As a result of these symptoms, they may need to:

• Take time off work at short notice if they feel unwell.
• Take time off work for persistent menopausal symptoms.
• Take more or extended breaks.
• Adopt a more flexible working pattern.
• Have adjustments made to their working environment.

If any of your employees are affected by these symptoms, there are reasonable adjustments you can make to make your workplace more accessible.

What can you do if your staff are struggling at work because of the menopause?

If your staff are struggling at work due to menopause, you should first make sure you have the procedures in place so that employees feel comfortable to talk about their symptoms and reach out for help or advice within the workplace.

Employees should be able to have an open and honest conversation with their manager or another member of staff in confidentiality.

You can then help your staff in a number of ways including:

• Informing them about your menopause in the workplace policy if you have one, which will set out how you plan to support staff. If you don’t yet have a menopause policy and would like to create one, our Employment Law Solicitors can advise you.
• Discussing whether a flexible working policy would be beneficial for them and how this could be arranged.
• Assessing whether any reasonable adjustments can be made to their working environment, such as seating in a cooler area or having more regular breaks.
• Letting them know about any support they can access in the workplace for example, by speaking to occupational health.
• Regularly catching up with your employees to discuss how they are doing and assess what they find helpful.

What employment rights do your employees have if they’re going through the menopause?

The rights of employees going through menopause are protected by several laws.

The Equality Act 2010

Under the Equality Act 2010 (‘EqA 2010’), menopause is considered a protected characteristic, falling under the category of sex discrimination. This means that employers have a legal obligation to ensure that menopausal employees are treated fairly and not subjected to discrimination or harassment because of their menopausal status.

Health & Safety at Work Act 1974

You have a legal duty to protect the health, safety and welfare of your staff at work. You should conduct a risk assessment and consider what steps you may need to take to protect the health and safety of any menopausal staff. This may include providing more frequent breaks or a cooler desk space.

Right to Request Flexible Working

Every employee in the UK has the right to request flexible working, and from April 2024 this will become a ‘day one right’. Under the current law, workers have to have been employed for at least 26 weeks before making a request to work flexibly. The new regulations give employees the right to request flexible working arrangements from the start of their employment.

Flexible working may include:

• Changing the time your employees start or finish work (or making it flexible)
• Allowing staff to work from home more often
• Reducing their hours or suggesting a job share

How can Butcher & Barlow help employers with menopause in the workplace?

Menopause is a natural phase of life that can have a significant impact on women’s health and well-being, including their ability to perform effectively in the workplace. It is recommended that training on menopausal awareness and management is provided to HR professionals and line managers within the business. By doing so, they guarantee that they are able to provide effective assistance to workers, identify physical and mental indicators, and enable modifications that are appropriate.

Our Employment Law Solicitors can undertake a review of the policies and processes that are already in place in your business to ensure that they are inclusive and accommodating to employees who are going through menopause. We can also educate line managers and HR experts about working arrangements for an employee who is experiencing menopausal symptoms.

Employees should feel empowered to discuss their menopausal symptoms openly and request accommodations when needed, knowing that they are protected from menopause discrimination at work, under the law.

If you would like further guidance on how your business can ensure menopause is recognised and respected in your workplace, contact Mohammed on mbalal@butcher-barlow.co.uk, or call him on 0161 764 4062.