Menopause in the Workplace

Menopause, or rather lack of support in the workplace for employees experiencing perimenopause and menopause, has been cited as a key reason driving older women to leave the workforce. As a result of this lack of support, the workforce is losing many valuable employees at the peak of their experience, with a resultant negative impact on business productivity and on diversity at senior leadership level.

The statistics supporting this concern this position are startling, and include:

• According to Business in the Community’s ‘Menopause in the Workplace’ toolkit, around 80% of women experience menopausal symptoms that interfere with their quality of life, and 25% of women describe their symptoms as severe.

• The Chartered Institute of Personnel and Development reports that research from BUPA has shown that almost one million women have left their job because of menopausal symptoms, while others are forced to take long-term absence from work to manage their symptoms.

• Standard Chartered Bank and the Financial Services Skills Commission has found a quarter of people working in the financial services sector and going through the menopauseare more likely to leave the workforce altogether before they would usually have intended to retire because of the difficulties they experience in working through the menopause unsupported. Employees’ experiences during this time also caused reluctance to apply for promotion (47%), take on extra responsibilities (52%), and even caused some to request or apply for reduced or demoted roles, in part due to the lack of support offered by their employers to manage symptoms. 22% of people experiencing menopause and 25% of those who have already been through it said the experience has made them more likely to retire soon/early from the workforce.

• The 50 Plus Choices Employer Workforce Report states that 25% of women consider giving up work as a result of menopause symptoms and that almost 1 million women have already left the workplace due to menopause symptoms.

While the taboo around the menopause certainly seems to be softening thanks to the openness of celebrities like Davina McCall and Michelle Obama, many employees remain very reluctant to disclose that they are menopausal and / or to discuss with their manager or HR team that they are being affected by menopause symptoms. This “culture of silence” leads many employees to deal with the symptoms of menopause alone.

According to the NHS, the average age in the UK of someone reaching menopause is 51, and in most cases, this is experienced between the ages of 45 and 55, although about 1% of those who experience menopause will do so before age 40.

Not everyone who goes through menopause identifies as a woman and some individuals who identify as trans men, gender fluid, or non-binary will biologically experience menopause.

The symptoms of the menopause, also experienced by many in later perimenopause, are varied.  Women experience these to varying degrees and with fluctuations.  The following are the most commonly experience symptoms:

• hot flushes
• night sweats
• difficulty sleeping
• a reduced sex drive
• problems with memory and concentration often referred to as “brain fog”
• headaches
• mood changes, low mood or anxiety
• palpitations
• joint stiffness, aches and pains
• reduced muscle mass
• recurrent urinary tract infections

Menopause symptoms can lead to time off work, usually taken as sick leave, which can be viewed suspiciously and negatively by an employer which does not appreciate the reason for the absences or the complexity of the condition.  While menopause symptoms vary significantly, research shows that those with serious symptoms take an average of 32 weeks of leave from work during perimenopause and menopause.  As well as affecting attendance, the symptoms may impact performance and conduct.  As a result of these factors, menopausal women with life-impacting symptoms may find they face disciplinary action at work and are overlooked for promotions and development opportunities.

The government has recently supported business task forces to investigate and recommend steps to improve the experience of menopausal women in the workplace, including the 50 Plus Choices Employer Workforce Report, which followed a round table discussion of business organisations, including the CBI and British Chamber of Commerce, co-chaired by the Minister for Employment.  There is also guidance on Menopause at Work available from ACAS and a series of guides from the CIPD’s Knowledge hub under the heading “Let’s talk menopause”.

At present, there is no specific legislation to protect menopausal people, as the menopause is not a separate protected characteristic under UK equality legislation, and we are awaiting a report from the Women and Equalities Committee, following a consultation from July to September 2021, as to whether further legislation is needed to protect menopausal workers.

In the meantime, employees can still bring a variety of possible claims for unfair treatment or discrimination due to experiencing the menopause or perimenopause or suffering from menopausal symptoms, such as claims for:

• Unfair dismissal and constructive unfair dismissal.
• Sex discrimination.
• Disability discrimination.
• Age discrimination
• Sex, disability and age-related harassment.
• Victimisation
• Failure to make reasonable adjustments to the workplace (a positive obligation in relation to disabled workers).
• Breach of the Health and Safety at Work Act 1974 for failing to provide a safe workplace.

For claims for disability discrimination and a failure to provide reasonable adjustments, the link between the menopausal symptoms and the impact on the individual’s day to day activities will be key in establishing whether or not the menopausal symptoms are a disability.

Over the past 4 years, the tribunal claims brought by menopausal people have largely been claims for disability, sex and/or age discrimination.  Research by Menopause Experts Group suggests that there were 16 tribunals citing menopause in 2020, up from six in 2019 and five in 2018, perhaps reflecting an increased awareness of rights.

From the perspective both of supporting and retaining vital employees and skills in the workplace and of risk factors in terms of potential claims if duties are not met. it is more important than ever that employers take proactive steps in relation to menopause in the workplace.  Such steps should include:

• Increasing awareness of the menopause and its symptoms for both men and women in the workplace. Conducting training, particularly for managers, would be beneficial so that they can be alert to potential symptoms, particularly when dealing with performance and absence issues, and be able to manage and support menopausal employees with sensitivity.

• Creating an open, supportive and comfortable environment where employees feel safe to speak about their symptoms without embarrassment or ridicule. This can be helped by implementing a menopause policy, inviting an external speaker in to speak about menopause, or even forming internal support groups.

• Considering allowing individuals to work flexibly when necessary.

• Offering appropriate reasonable adjustments and support where necessary, bearing in mind that people experience menopause differently.

• Reviewing sickness policies and performance management/capability policies to ensure that they are fair and accommodate employees who are experiencing menopausal symptoms.

• Ensuring that the workplace is physically suitable, including with proper ventilation and appropriate access to cold water, bathrooms and fans.

• For larger employers, putting in place workplace awareness, training and support via Employee Assistance Programmes (EAP). For all employers, and particular SME’s where EAP is not available, appointing and training a ‘champion’ as key point of contact.

• If budget and resources allow, investing in care or technology to help combat menopause symptoms for employees, such as Stella (specifically tailored to combat and help with menopause symptoms) could be beneficial.

Supporting women through the menopause is a win-win situation for all, and vital to employee well-being and retention, workforce stability and a thriving economy.

We hope this article has helped shed light on this sensitive and often ignored issue within the workplace. For more information on how to adopt more menopause friendly workplace practices, please contact Element Law.

To find out how Capital Space could benefit your growing business, call 0800 107 4667 or email info@capitalspace.co.uk