Many benefits for employers taking proactive approach towards menopause

Around 47 per cent of working women in Wales are over 50, which means approximately 216,000 workers in Wales are likely to be experiencing peri-menopause or have already reached menopause. But it is important not to fall into the trap of thinking that menopause only affects older female staff. This is an issue that affects a wide range of the workforce in terms of age, transgender, non-binary and inter-sex staff

Many employees sadly maintain silence around their experiences of menopause. This silence is partly due to a fear of ageism and of losing their jobs or status if they admit to some of the common consequences of the menopause, such as brain fog and hot flushes.

The cost of this stigmatised silence to employees and the economy is becoming increasingly evident. Research carried out by the CIPD in 2021 found that six in ten working women experiencing menopause said it negatively impacted them at work. One in ten women leave their jobs because of menopausal symptoms, while one in five women do not seek the promotions they deserve because of a loss of confidence linked to their menopause transition. Consequently, there are potential knock-on effects on inequality issues such as the gender pay gap, the pension gap and the number of women in senior leadership positions.

Menopause is not explicitly included in the Equality Act 2010, so to bring a discrimination claim linked to the menopause requires a woman to do so on the basis of age, sex or disability, as has been seen in many of the recent employment tribunal cases.

The Government this week published its response and rejected a call to make menopause a “protected characteristic” under the Equality Act 2010, chose not to allow dual discrimination claims at employment tribunals and rejected the calls for a menopause leave pilot scheme and a model menopause policy.

In its response to recommendations by the cross-party Women and Equalities Committee that this should change, the Government said that sex, age and disability are already covered by the Equality Act 2010 and provide adequate protection against unfair treatment of menopausal employees. It also agreed with evidence from employer bodies, including the CIPD, that further legislation would be a “blunt tool”.

In a letter to Health Minister Maria Caulfield, Women and Equalities Committee Chair Caroline Nokes said the Government’s response has “ignored the significant evidence base” for equality law reform. She continued:

Some of the report’s recommendations have been accepted, including a visible public health campaign around menopause, an ambition to improve menopause training for health professionals and the appointment of a Menopause Ambassador to work with stakeholders from businesses, unions and advisory groups.

Employers already have a legal duty to prevent workplace discrimination and to make adjustments to ensure people can work safely through the menopause. For example, responsible employers should encourage open conversations, cover menopause during the induction processes, appoint workplace menopause champions, implement a menopause policy and hold regular training sessions to educate staff. Employers can also look at adjusting sickness policies to address menopause-related absences. For example, policies with “trigger points” (when several short-term absences trigger a performance review or disciplinary action) have a particular impact on menopausal employees and should be reviewed.

Other proactive approaches can include setting up informal support networks such as menopause cafes and signposting to further support for those experiencing debilitating symptoms. Some employers already provide access to menopause clinics and app-based services to support staff transitioning. Other measures may include changing shift patterns and altering start times.

Employers can also improve the working environment for people experiencing the menopause. Such measures can include providing access to fans and good ventilation to help combat hot flushes, the ability to control workplace temperature, providing clean and comfortable toilet facilities and ensuring access to female-only showers if possible.

If in doubt, extensive guidance is available for employers from organisations including ACAS, CIPD, Over the Bloody Moon, Menopause Support and Menopause Matters UK.

There are many benefits for employers in taking a more proactive approach towards the menopause. By fostering safer and fairer workplaces for people working through the menopause, employers are more likely to retain the skills and talents of experienced and skilled workers and benefit from increased morale and well-being among staff. Whilst it may be disappointing that many of the recommendations of the Women and Equalities Committee have been rejected by Government, it is great to see that this issue is very firmly on the agenda, with many responsible employers already taking steps to break the taboo and support their staff.

Paula Kathrens is a partner in the Employment law team at Blake Morgan, advising key clients in both the public and private sectors. Paula is also a trained Menopause Mentor at Blake Morgan.

This article was first published in the Western Mail on 27 January 2023.

For more details of the Women and Equalities Committee report Menopause and the Workplace see our previous article here.