Written by Admin | 4 Nov 2022
Summary
With several high-profile campaigns and increased awareness over the last couple of years, menopause is becoming an important consideration for both individuals and employers.
What is menopause?
Essentially, the menopause is when a woman’s menstrual cycle stops. This usually happens between 45 and 55 years of age and is a normal and natural stage of every woman’s life. The period running up to the menopause is referred to as the perimenopause and can last for up to a decade or more beforehand. Menopause can also be brought on by certain cancer treatments. On average,
symptoms of menopause can last between 4 and 8 years but many will experience symptoms for much longer. Menopause symptoms are varied in both type and degree, they can be physical as well as psychological. Typical symptoms include: hot flushes, night sweats, irregular periods, fatigue, sleeplessness, difficulty concentrating, memory lapses, weight gain, incontinence, rapid heartbeat, headaches, joint pain, mood swings, depression, anxiety etc.
Who is affected?
Whilst we refer to women in this advice note, it is important to remember that menopause also affects transgender, non-binary, and intersex people. Those living and working with women going through menopause can also be affected.
Why is it relevant to employment?
Women over 50 years of age are the fastest growing demographic in the UK workplace and 75-80% of women of menopausal age are in work. A survey in 2019 by CIPD and BUPA found that over half the women interviewed said their symptoms had made their work life more challenging, and a quarter had contemplated leaving work because of their menopausal symptoms. The Fawcett Report 2022, the largest UK survey involving 4000 women aged between 45 and 55, found 44% reported that menopausal symptoms affected their ability to do their job and that 70% of women reported suffering brain fog. Significant numbers also reported that they had lost motivation (61%) or confidence (52%) at work. Menopause symptoms can also impact sickness absence.
- The Fawcett Report found that 26% of women surveyed reported taking time off work because of menopause symptoms. However, only 30% gave this as the true reason for their absence.
This not only demonstrates the impact upon sickness levels but also that women feel unable to talk about it and access help and support. With these statistics, alongside corresponding colloquial evidence reported, it is clear that menopause and its symptoms have significant implications for individuals and employers alike and impact on engagement, retention, performance and sickness absence. The associated taboo surrounding menopause also means that much of the impact is still hidden, making it harder to address and support. Within the Fawcett Report 80% of women said their employers offered no form of support and 41% felt that their symptoms were not taken seriously.
How can employers help?
Whether to have a specific menopause policy or not is a valid consideration. Historically, many employers have felt that any issues the menopause and its symptoms may cause can be addressed through sickness absence management or performance management. However, more employers are now seeing the benefit of implementing a specific menopause policy which adopts an awareness-raising, proactive and wellbeing focused approach.
The EPM Model Menopause Policy is available for customer use and can be found here. There are many other options available for employers to be supportive of those experiencing menopause. Awareness, education, and removing stigma are key. Promoting an inclusive workplace which educates employees and encourages those affected to come forward and talk about what they may be experiencing is important. As conversations can be sensitive and personal, training managers on how to handle these would be beneficial. Employers can also consider setting up an internal support network and/or appointing a ‘menopause champion’. Support can also be provided on a practical level from employers by considering whether they could provide fans on desks, improve ventilation, allow flexibility in working hours, ensure access to toilet facilities, and adjust sickness absence policies. It is important to remember that individuals will experience menopause differently and, therefore, discussion should take place to understand what support would be most beneficial to them.
Risks of not being supportive
We have already highlighted some of the operational and commercial consequences of not supporting those with menopause symptoms. However, there are also potential legal consequences.
- Menopause is not a specific protected characteristic under the Equality Act 2010. Yet, women put at a disadvantage and treated less favourably because of their menopause symptoms could have protection from discrimination under one of the related protected characteristics of age, sex, disability, or gender reassignment.
There has been consideration to amend the Equality Act 2010 so that an employee can bring a claim for discrimination on the basis of two combined protected characteristics (e.g. sex and age) which would make it easier for a woman to bring a claim linked to menopause. However, for now, this is not the case. Historically, cases were brought under sex or age discrimination. However, in the case of Rooney v Leicester City Council (2021), the Employment Appeal Tribunal confirmed it could see no reason why menopausal symptoms could not amount to a disability if they fitted the definition (being, a physical or mental impairment that has a substantial and long-term negative effect on an individual’s ability to carry out their normal day to day activities). Where there is a disability, there is also a positive duty on employers to consider reasonable adjustments. Accordingly, employers need to be mindful of allegations of discrimination and harassment and the possible requirement to make reasonable adjustments. In addition to discrimination, failure to address concerns could amount to a breach of the implied duty of trust and confidence, leading to a constructive unfair dismissal claim. Employers also need to be mindful of their responsibilities under the Health & Safety at Work Act 1974 to provide a safe and healthy working environment.
Next steps
- Review the EPM Model Menopause Policy and consider whether you wish to adopt this
- Raise awareness of menopause and its implication for staff
- Consider setting up a menopause support group and/or appointing a menopause champion
- Educate mangers on the menopause and how to talk about it with staff
- Ensure that when managing aspects of work, such as performance management or sickness, that the impact that the menopause may be having is taken into consideration.