MENOPAUSE IN THE WORKPLACE

An employee's guide on menopause in the workplace from the employment law experts

Marjon Law, specialist employment lawyers is owner-led by Marc Jones, who is ranked and recommended in legal publications as a leading employment law solicitor, with over 20 years of experience practising solely in employment law.

If you are menopausal, you may be struggling at work as your employer does not understand the difficulties you may face, and the adjustments needed to accommodate you in the workplace. You may feel lost and alone!

(1) What rights do menopausal employees have?

Menopause generally occurs in women in their 40s and 50s but can occur earlier in life. There are more than 3 million menopausal women aged over 50 in the workplace.

The symptoms vary in severity but can have a significant impact on day-to-day activities and the ability to perform as usual in the workplace Symptoms may include:

mood swings
hot flushes
negative impact on memory concentration and focus at work
it can take longer to recover from illness
anaemia
excessive bleeding
fatigue
interrupted sleep.

The side effects of the symptoms can result in a loss of confidence, stress, anxiety and depression.

You may have taken time off because of the menopause symptoms but you have not told your employer the real reason for your absence.

(2) How should employers support menopausal employees?

Menopause is not in itself a 'protected characteristic' in the same way that age, sex, and disability are under the Equality Act 2010.

Symptoms of menopause can give rise to potential protected characteristics and statutory employment protection rights:

age – as menopause generally impacts woman between the ages of 45-55
disability – statutory definition physical or mental impairment that has a substantial long-term adverse effect on normal day-to-day activities, which could cover menopause symptoms
sex – as menopause only applies to woman.

There is an overriding duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees under the Health and Safety at Work etc Act 1974.

Employers have a statutory duty to make ‘reasonable’ adjustments to all employees’ working conditions if they have a ‘disability’ in accordance with section 20 of the Equality Act 2010.

However, there are more practical steps that employers should take:

generally assessing health and safety risks at work
minimising, reducing and where possible removing health and safety risks for staff.

For employees affected by the menopause, this includes:

ensuring menopause symptoms are not made worse by the workplace or its work practices
making changes to help staff manage their symptoms when doing their work.

For the menopause, a risk assessment should include, for example:

the temperature and ventilation of the workplace
the material and the fit of the organization’s uniform, if applicable, and whether it might make staff going through menopause feel too hot or worsen skin irritation
whether there’s somewhere suitable for staff to rest if needed eg a quiet room
whether toilet facilities are easily accessible
whether cold drinking water is available
whether managers and supervisors have been trained on health and safety issues relating to menopause.

(3) What if your employer ignores your needs?

If you are menopausal and your employer (or a work colleague) treats you badly by ignoring your condition and/or failing to provide support, this may impact your mental health.

Adverse comments may include:

“stop talking about lady issues”
“there is nothing wrong with you”
“stop complaining”
“you have to wear the uniform – it is company policy”.

Adverse conduct may include:

refusal to adjust the room temperature
forcing you to wear a restrictive uniform
placing you on a PIP for performance issues
subjecting you to disciplinary action eg for snapping at a line manager
subjecting you to capability action eg due to sickness absence.

You may wish to leave or pursue an employment tribunal claim. However, we strongly advise that you take appropriate legal advice before doing so.

Comment

Whatever your situation and contrary to what is reported in the media, many employers (irrespective of their size and resources) fail to understand menopausal employees and provide adjustments for them.

This blog does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

Why choose Marjon Law for advice and representation on menopause in the workplace?

We have been advising on discrimination in the workplace for over 20 years. We have been involved directly and indirectly with hundreds of employment tribunal claims for clients, many of which have involved discrimination.

As specialist employment lawyers, our clients' interests are paramount to us.

We ensure that all our clients receive the best advice possible.

We will advise on whether your employer has treated you correctly and if not, on your options.