18th October is World Menopause Day. This condition may affect most women at some stage of their latter life. As menopausal women make up a huge number of the workforce, it is beneficial for employers to understand the condition and effects that it will have within the workplace.
What is menopause?
Menopause is part of the female aging process when a woman stops menstruating. It could last for months or even years and is more common over the age of 45. Symptom of menopause includes hot flushes, tiredness, night sweats and low mood; it could be one or a combination of all the symptoms and can also contribute to high levels of sickness absence. Currently menopause absence costs UK businesses millions of pounds each year, however research show that this could be avoided provided employers put supportive mechanisms in place.
Menopause is covered under the Equality Act 2010 as part of disability, discrimination, gender, and age. It is also covered under the Health and Safety at Work Act 1974; the employer must provide satisfactory working conditions and it must be practicable. There is no ‘one size fits all’ when a female colleague confirms she is going through the menopause as women experience different symptoms. Employers must review each case separately and make the relevant adjustment.
Should the employer not comply with the request correctly, the employee has the right to raise a grievance or make an employment tribunal claim under the Equality Act 2010.
Employment tribunal
Employment tribunal cases in relation to the menopause have risen.
In the case of Davies v Scottish Courts and Tribunal Service (2018), Ms Davies brought (1) unfair dismissal claim (2) discrimination claim (3) disability claim. She was successful in demonstrating how her employer had failed to support her whilst suffering quite badly from menopause symptoms. She won her case.
In another successful age and sex discrimination case, A v Bonmarche Ltd (2019) the employee was harassed and criticised heavily by her manager during her on going menopause symptoms. At tribunal, the panel stated that this was unacceptable and support should have been offered to the employee.
So what can we do to be a supportive employer? Examples include:
- create a ‘menopause’ policy to encourage women to talk about it
- offer flexible working which can help with the night sweats or tiredness
- allow working from home when experiencing embarrassing symptoms
- make changes to the work environment – reasonable adjustments such as desk top fans and cool water at hand
- offer access to counselling services
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
