Paris Smith's Sarah Hayes considers menopause and the workplace

Whilst it isn’t a new topic by any means, the menopause has been rapidly gathering momentum within employment law and the wider media.

A quarter of women have reported experiencing debilitating symptoms during the menopause and over 80% of women have reported an effect on their working life.

The menopause has been raised at government level, where improving support in the workplace has been the subject of much recent debate and consultation.

What is the menopause?

The menopause is a natural stage of life which affects around half of the population. It usually happens in women aged between 45 and 55, although it can happen earlier or later than this. Transgender men and people who are intersex, or identify as non-binary, may also experience menopause and the symptoms.

There are 3 different stages to the menopause:

1. Perimenopause
2. Menopause
3. Postmenopause

The symptoms can often start months or years before an individual’s periods stop. This stage is called the perimenopause.

The menopause is generally said to have occurred when there have been no menstrual cycles for 12 consecutive months, but this can vary.

The symptoms usually last for around 4 years, but they can be experienced for much longer. Some commonly experienced symptoms include insomnia, joint problems, unpredictable hot flushes, brain fog, anxiety, exhaustion, bleeding, low confidence and fatigue.

What legal protection do employees have?

All employees have protection against discrimination under the Equality Act 2010, regardless of how long they have been employed for. Menopause is not a protected characteristic under the Equality Act 2010, but age, sex and disability are all relevant protected characteristics.

At present, the menopause is not deemed to be an automatic disability. However, if an employee is put at a disadvantage and treated less favourably because of their menopausal symptoms, this could amount to disability discrimination.

An employment tribunal is required to consider the circumstances of each case. Disability has a specific legal meaning, which includes looking at how long the individual has experienced (or are likely to experience) the symptoms for and the day to day impact of this.

Employers should ensure that, if appropriate, they obtain suitable medical evidence from occupational health or a GP to understand the situation.

Where an employee is disabled, the obligation to make reasonable adjustments also arises.

Reasonable adjustments can include practical adjustments to the working environment, for example, changes to room temperature and ventilation.

It also includes changes to the employee’s role or working pattern. For example, altering their working hours or permitting them working from home if this would assist the employee to manage their symptoms.

Employers are legally responsible for the health and safety of their staff (including those working from home).  This requires them to carry out a risk assessment of the workplace and this should be regularly reviewed.

For staff affected by the menopause this would include considering whether menopausal symptoms could be impacted by the physical working environment.

What should employers to do support staff?

The menopause can impact upon individuals in different ways and employers should be supportive of any issues that are affecting an individual’s ability to work.

As a starting point, managers should be trained and familiar with the different stages of menopause and how this can affect staff. They should have an understanding of gender identity and gender reassignment discrimination.

Alongside this, having a menopause or wellbeing champion at work can help to support those that are affected by the menopause. Individual conversations should be held confidentially to ensure the employee is comfortable and the meeting will not be disturbed.

Employers may also wish to consider implementing a specific policy which addresses the menopause and the support available. Amongst other points, this could:

• explain who the organisation’s point of contact is for queries related to the menopause;
• outline the training and support available; and
• include information on gender identity and gender reassignment discrimination.

Whilst not currently mandatory, this is something the Government has confirmed it will focus on encouraging employers to implement and therefore is likely to be become key in future.

• If you require any legal advice relating to the menopause or the surrounding law, please contact Sarah Hayes at sarah.hayes@parissmith.co.uk or 023 8048 2165