Menopause and Employment Law: Reducing your Risk of a Discrimination Case

Introduction

As an employer in today’s evolving workplace, supporting the health of employees experiencing menopause is not just a matter of policy but a fundamental aspect of creating an inclusive and respectful environment. Menopause can be a challenging time for many, and you have a crucial role in ensuring that your workplace is equipped to offer the necessary support, thereby reducing the risk of discrimination and enhancing overall workplace inclusivity.

Understanding Menopause and Its Workplace Impact

Menopause symptoms can vary significantly, affecting work life in different ways. Hot flushes, mood swings, mental health difficulties and other symptoms can be more than just discomfort; they can impact engagement, productivity and well-being. As an employer, you need to recognise and understand these challenges to foster a supportive environment.

The Risks of Inaction

Failing to support employees during menopause can lead to serious consequences for you as an employer. It can result in decreased morale and productivity, increased absenteeism, and potentially costly employment tribunals. Cases of discrimination or failure to make reasonable adjustments for menopausal symptoms could lead to legal challenges, damaging your organisation’s reputation and financial standing. 

Menopause Employment Tribunals 

Case 1:  An Employment Tribunal ruled that insurance company Direct Line owed damages to a former employee, having failed to make reasonable adjustments for her experiencing symptoms of menopause. The claimant received £64,645 in damages, having resigned from the insurer citing unfavourable treatment. Read more here. 

Case 2: £37k was awarded to an office manager at manufacturing supplier Thistle Marine who was told: “just get on with it” as “everyone f****** gets it” by her boss. Find out more here. 

Case 3: Maria Rooney, 52, took sickness leave from her job at Leicester City Council due to menopause symptoms. She resigned in October 2018, claiming she received unfavourable treatment and inappropriate comments over the issue. Read more here.

Steps You Can Take to Support Employees During Menopause

1. Develop a Comprehensive Menopause Policy

A well-defined menopause policy is essential. This policy should explain how menopause can impact individuals at work and raise awareness among all employees. A good policy not only outlines the support available but also educates your workforce to foster a more understanding environment.

2. Provide Manager Training

Your managers should receive training on how to approach menopause-related topics with sensitivity and fairness. This training is crucial in ensuring that your managers can adequately support their team members and address any concerns with empathy and understanding.

3. Maintain Open and Sensitive Communication

Regular check-ins and open communication channels are vital. You should encourage conversations about health issues in a sensitive and non-judgemental manner, ensuring that individuals feel heard and supported.

4. Implement Practical Workplace Adjustments

Small changes can make a big difference. This includes providing access to cold drinking water, comfortable uniforms, temperature control in the workplace, and flexible working arrangements if necessary. Such adjustments can significantly alleviate the discomfort associated with menopause symptoms.

5. Establish an Anti-Discrimination Policy

A clear policy on discrimination is crucial. This policy should set the standards for behaviour in the workplace, emphasising that discrimination or harassment of any kind is unacceptable.

6. Offer External Support 

Providing information about external support services, such as counselling or health advice, can be extremely beneficial. It shows your employees that the organisation cares about their overall well-being, not just their performance at work.

Conclusion

Creating a menopause-friendly workplace is about more than just compliance; it’s about cultivating a culture of respect, understanding, and inclusivity. By taking these steps, you can ensure that your workplace not only supports all employees during menopause but also enriches the work environment for everyone. This approach not only helps in avoiding the risk of discrimination but also contributes to a more productive, engaged, and loyal workforce. Ignoring these responsibilities can lead to significant legal and reputational consequences, highlighting the importance of proactive and compassionate management practices.

Are you ready to support menopause in the workplace, but not sure where to start? We’d love to support you. Check out our free Menopause Workplace Audit and Employer’s Guide to Menopause, or reach out to discuss workplace training.