LAW
MENOPAUSE MATTERS
Here to help – dispute resolution and employment solicitor Kat Moody .
Is your workplace sympathetic to the menopause ?
“ Menopause is becoming less of a taboo subject in the workplace and employers are now starting to turn their attention to understanding it more , although there is still a long way to go , with many women still facing gendered ageism at work ,” says Kat Moody , dispute resolution and employment solicitor with Richard Reed Solicitors .
In July 2022 , the Women and Equalities Committee put forward a report to government making 12 recommendations concerning women ’ s health and menopause in the workplace .
The report stated : “‘ Women of menopausal age are the fastest growing group in the workforce and are staying in work for longer than ever before . Yet these experienced and skilled role models often receive little support with menopause symptoms . As a result , some cut back their hours or responsibilities while others leave work altogether .”
Kat Moody warns : “ Employers need to be alert to the HR and legal implications of menopause in the workplace . Failure to take a responsible approach could see an employer facing claims of discrimination with regard to sex , age or disability .”
What does the law say ? It is unlawful to discriminate against someone on the grounds of a protected characteristic , including age , disability , gender reassignment , marriage or civil partnership , pregnancy and maternity , race , religion / belief , sex ( gender ) and sexual orientation .
The Women and Equalities Committee recommended that the government consider consulting on recognising menopause as a protected characteristic under the Equality Act 2010 .
In January 2023 , the government responded . And while it did accept some of the recommendations made by the committee , it rejected the recommendation to consult on recognising menopause as a protected characteristic .
But despite this decision , there is still a need for employers to create menopause policies and supportive procedures .
Menopause can affect people differently both physically and mentally . The range and severity of symptoms experienced by each woman varies greatly , but they include hot flushes , headaches , sleep disturbance , poor memory and depression .
Kat said : “ Working together to eradicate the stigma associated with menopause and finding ways to help women remain in employment by encouraging open communication and supportive work environments is key .”
What are the legal risks ? Managers who are ill-equipped to deal with these issues may find themselves defending their actions in an employment tribunal claim – and there have already been a few successful employment tribunal claims relating to menopause symptoms .
The first is a claim for sex discrimination and unfair dismissal brought following a dismissal of an employee on the grounds of poor performance . The tribunal found that
How we can help
We can advise you on how to support your employees experiencing menopause in the workplace to create a supportive environment and to minimise the risk of any claims . For further information , contact Kat Moody on 0191 567 0465 or email kat . moody @ richardreed . co . uk
the employee ’ s manager had failed to take menopause seriously as an underlying health condition which might affect the employee ’ s ability to do her job . The tribunal considered that the employer would have treated a man with the same symptoms differently . The others are disability discrimination claims .
As part of their responsibilities for their employees ’ health and safety , employers should carry out risk assessments . Those assessments , and any subsequent action , should take into account menopause symptoms .
What can employers do ? The ACAS guide ' Menopause at work ' suggests ways in which employers can support women with menopause symptoms .
Employers are encouraged to take any steps sensitively and to take advice where menopause may be a factor in workplace issues . Employer interventions include : > introducing a menopause policy . > training staff . > allowing frequent breaks . > improving ventilation . > flexible working . > changing uniforms to natural fibres .
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