Navigating menopause in the workplace: A guide for employers

Yesterday, the Equality and Human Rights Commission (EHRC) published new guidance on an employer’s legal obligations towards employees who experience menopause and perimenopause.

Menopause in the workplace

In recent years, menopause discrimination has received a lot of public attention, with Parliament, government and charitable organisations contributing to public discussion around the need for greater protections for those that experience menopause and perimenopause.

The guidance refers to research by the Fawcett Society, which found that one in ten women surveyed who were employed during menopause left work due to symptoms. No doubt countless more suffer from menopause discrimination while remaining in work, often in silence.

Over 40s and over 50s are a growing proportion of the UK workforce, with around a third of the UK workforce being over 50 in 2022. This means a greater proportion of the general workforce will likely experience menopause or perimenopause while in work.

Therefore, it is essential for employers to know how to support workers experiencing menopause symptoms. 

The new guidance aims to clarify the legal obligations and provide practical tips for employers on making reasonable adjustments as well as fostering positive conversations with their workers about menopause. 

Understanding menopause

The guidance contains a useful video ‘introducing’ and explaining the nature of menopause and how symptoms can affect individuals in the workplace.

It also has useful guidance on some common issues and good practice that employers can consider when offering support to employees. For example, the guidance sets out that its good practice for employers to consider how the physical working environment may affect individuals with menopause.

The ECHR has also provided helpful guidance on how employers can have conversations with employees about menopause and their symptoms. It explains that open and supportive conversations about menopause can help create encourage a culture where workers feel able to discuss their symptoms and what adjustments they require.

Providing meaningful, adequate and ongoing training to managers and senior employees will also be very important to developing a safe and open company culture, and will help managers to support their teams.

Moreover, the guidance suggests employers should consider implementing a menopause policy. Having a policy will provide managers and staff guidance, consistency and a framework in which to discuss menopause, to make adjustments or where necessary, to raise concerns and complaints. A policy is also a positive signal to employees and may give them confidence to request for adjustments.

Ultimately having clear and supportive policies around menopause will aid employers in retaining vital talent and to develop a positive workplace culture.

Menopause discrimination

Last year, the government declined to introduce menopause as a new protected characteristic under the Equality Act 2010, insisting that existing discrimination law provided adequate protection.

Under existing law, and as confirmed by the guidance, menopause is capable of amounting to a disability under the Equality Act.

Employees may also be able to obtain protection from menopause discrimination on the grounds of their sex or age.

It is important for employers to understand that not only women can experience menopause or perimenopause, and they should ensure all employees who need it, are provided equal and adequate protection.

Where an individual’s menopause symptoms amount to a disability, they will likely be entitled to reasonable adjustments to overcome any substantial disadvantage they face because of their symptoms.

This could, for example, mean allowing an individual to work from home or lowering the ambient temperature in the office.

Employers should be aware that symptoms can vary from person to person, and adjustments that may be necessary for one person, may not be appropriate or sufficient for another. Employers must always take a nuanced approach to reasonable adjustments and it's advisable to consult with each individual to determine the specific adjustments they require.

Employers also need to consider their health and safety obligations towards employees, and should consider whether they need to carry out an assessment of workplace risks associated with menopause.

Where employers fail to protect employees or fail to provide any or adequate reasonable adjustments, they will likely face complaints of discrimination.

Recent case law shows that Employment Tribunals are prepared to find in favour of employees who raise complaints of discrimination arising from menopause. Last year, a former employee was awarded over £64,000 after she suffered discrimination over a number of years because of her menopausal symptoms. 

The new guidance and the increased public attention, as well as recent Tribunal decisions, means that many employees will feel more confident to ask for reasonable adjustments or indeed complain where they feel they have been mistreated. 

Employers must take menopause discrimination seriously and take active steps to prevent discrimination or harassment. Where instances of discrimination are complained of or discovered, employers must carry out a fair and reasonable investigation and consider whether any disciplinary action is necessary.

However, overall the message for employers is positive and the guidance will hopefully embolden employers to take the necessary steps to support employees experiencing menopause. 

further information 

If you have any questions or concerns about the topics raised in this blog, please contact Daniel Zona. 

about the author 

Daniel Zona is an Associate in the Employment team. Daniel enjoys a broad and busy employment law practice, acting for employers and individuals on both contentious and non-contentious matters. Daniel has acted for clients in a wide range of industries and sectors, with particular experience of acting for those in regulated and professional spheres, including financial services, healthcare and legal.