Pause for thought

Menopausal women are the fastest growing group of workers in the UK. The menopause can have a significant and debilitating impact on health and wellbeing.

A recent study found that almost a fifth of those experiencing menopausal symptoms were considering leaving the workplace. What then should employers be doing to support their employees and workers who are experiencing symptoms of the menopause?

Who does the menopause affect?

The menopause is when a woman stops having periods and is no longer able to get pregnant naturally. There are three different stages to the menopause:

1. peri-menopause;

2. menopause;

3. post-menopause.

The menopause usually occurs between age 45 and age 55; however it is important to be aware that there is no exact science to its timing. While the average age in the UK to go through the menopause is 51, one person in 100 will go through the menopause before they reach age 40. In addition, some people may go through surgical menopause much earlier in life.

The menopause can affect women, trans people, intersex people and those who identify as non-binary.

What are the symptoms?

Common symptoms of the menopause include, but are not limited to, hot flushes, night sweats, difficulty sleeping, headaches, low mood, anxiety, panic attacks, palpitations, joint stiffness, irregular or heavy periods, and problems with memory and concentration.

The symptoms experienced will differ from person to person, and the symptoms can be very mild to very severe. Everyone’s experience will be different, and there is therefore no “one size fits all” approach when supporting employees and workers who are going through the menopause.

Symptoms of the menopause can last from four to eight years, or even longer in some cases. The symptoms can present years before periods actually stop, and last for several years thereafter.

Can the Equality Act 2010 apply?

The short answer is yes, and potentially on a number of different grounds.

In terms of discrimination, menopause is not a standalone protected characteristic under the Equality Act 2010. However, the symptoms being experienced could bring an individual within the definition of a disabled person in terms of the Act. To qualify as such, a condition must have a long-term adverse effect on an individual’s ability to carry out day-to-day activities, and the condition must last, or be expected to last, for a year. This means that someone suffering with symptoms of the menopause could qualify as a disabled person in terms of the Act, depending on the severity of the symptoms they are experiencing.

In Donnachie v Telent Technology Services Ltd ET/13000005/20, the question of whether symptoms of the menopause met the definition of a disability in terms of the Equality Act was considered. Donnachie was experiencing hot flushes, palpitations, anxiety, night sweats, fatigue, memory difficulties and concentration difficulties as a result of the menopause. The Employment Tribunal held that her symptoms brought her within the definition of a disabled person, therefore qualifying for protection under the Act. The judge also confirmed that they saw no reason why, in principle, “typical” menopausal symptoms would not have the relevant disabling effect on an individual. Accordingly, it would follow that those experiencing typical menopause symptoms would likely qualify for protection in terms of the Equality Act.

An employee or worker could also consider raising claims for sex discrimination, age discrimination or gender reassignment discrimination, depending on their individual circumstances.

What should employers do to offer support?

ACAS has published a guidance document, Menopause at work, which provides advice on how best to handle menopause related issues in the workplace.

Within this guidance, ACAS recommends that employers consider taking the following action:

• Have a menopause policy in place, which outlines the process for raising menopause related issues, and the support that you offer. The policy could also outline details of the training that is provided to managers, and encourage open conversations in the workplace.
• Manage absence from work sensitively when an employee or worker is suffering from symptoms of the menopause. Employers could, for example, record absences related to the menopause separately, and not use such absences as the basis for disciplinary action or action under an absence management policy.
• Consider any reasonable adjustments that may be appropriate in the circumstances. What will be appropriate will of course depend on the symptoms that are being experienced. Reasonable adjustments could include working from home if this is appropriate, changing hours of work, allowing additional breaks, agreeing to change duties, or providing a workspace near a window or equipment such as a fan. Any changes made should be agreed in writing. The duty to consider reasonable adjustments would be an ongoing duty, as symptoms may vary over time, and so it would be important for employers to schedule follow-up conversations to ensure the adjustments made are working and to discuss any changes that may require to be made.
• Train managers on the effects of the menopause and how to speak to employees and workers sensitively about the menopause, the symptoms being experienced and the support that is available for them within the workplace. This will hopefully lead to affected employees and workers feeling more comfortable speaking to their managers, and lead to them having constructive conversations with them. It will also make managers feel more confident when having such discussions with staff.
• Have open conversations with employees and workers (if they want to do so) about the symptoms that they are experiencing and what you can do to support them in the workplace, on an ongoing basis. It is important that they are made to feel as comfortable as possible during any such discussion. Conversations should take place in private, and the content should not be disclosed to anyone else without the individual’s consent. If an individual does not feel comfortable speaking to their own line manager, they should be offered the opportunity to speak to someone else in the business they feel comfortable talking to.
• Take into consideration any performance issues which may be the result of menopause symptoms.
• Have a designated menopause wellbeing champion in the workplace. This person would be a designated point of contact for employees and workers to approach if they are looking for support or guidance related to the menopause.
• Carry out all relevant risk assessments and review them on a regular basis.

Solicitors’ resource

As it stands, more than 50% of solicitors in Scotland are women, and over two thirds of new entrants to the profession in Scotland are female. Dealing with menopause issues in the workplace is therefore an issue which greatly affects the profession. The Law Society of Scotland has published a useful Menopause Support Resource, tailored to the profession, which provides recommendations to organisations and support for individuals, and signposts valuable resources.

The recommendations made by the Society to organisations include the following:

• Create an open culture, so that the menopause can be discussed freely in the workplace. Organisations could consider, for example, starting an internal networking group to discuss issues and share experiences.
• Champion employees and workers to speak freely about the menopause in the workplace.
• Share resources and guidance within the workplace, so that employees and workers receive advice and information whichmay be of assistance to them if they are experiencing symptoms of the menopause.
• Carry out training within the workplace, to raise awareness.
• Use key dates, such as World Menopause Day (18 October) to increase awareness within the workplace and encourage open discussion.
• Offer staff support with specialist menopausal practitioners if they are experiencing symptoms of the menopause.
• Consider making reasonable adjustments for those experiencing menopausal symptoms.

Of course, what is appropriate in terms of supporting employees or workers experiencing menopausal symptoms will differ from job to job and workplace to workplace. Engagement with staff is therefore crucial to ensure that the necessary support is put in place. It is hoped, by implementing such measures, that not only will businesses comply with the law and avoid discrimination claims, but that it will also help to retain experienced talent within the workplace.