Menopause and the workplace – creating and maintaining a supporting culture

Given that the guidance advises more menopause conversations within the workplace, you’d be forgiven for thinking that this must be a good thing! The talk, however, was not all supportive. Some said it provided nothing new for employers, others, most notably Mariella Fostrup (who has been at the forefront of the movement to make hormonal replacement therapy (HRT) more readily available for women), expressed her disappointment at menopause being called a disability.

Key terms

Menopause – when a woman’s periods stop due to lower hormone levels, usually happens between the ages of 45 – 55 although it can be later or earlier.
Perimenopause – when a woman has symptoms of menopause, but periods have not stopped.
Symptoms of menopause – hot flashes, difficulty sleeping, palpitations, headaches, fatigue, anxiety, problems with memory or concentration (not an exhaustive list).

Menopause – setting the legal boundaries with the Equality Act 2010

The Equality Act 2010 prohibits discrimination on the grounds of nine protected characteristics. Disability is one such protected characteristic, as is sex. An employee who is disabled is protected from discrimination. Additionally, once an employer is aware of an employee’s disability, that employer has a duty to make reasonable adjustments to lessen any detrimental effect of that disability. The definition of a disability is as follows: a physical or mental impairment that has a substantial and long-term adverse effect on the employee’s ability to carry out normal day-to-day activities. 

For women in the past who have struggled with the symptoms of menopause at work and have been treated less favourably than their colleagues, their only recourse to protection from this treatment and assistance to help them was to argue that menopause was a disability. However, until the case of Mrs Rooney v Leicester City Council in 2021, tribunals would not accept that menopause met the requirements of the definition of a disability despite the evidence provided as to the debilitating impact of hot flushes, brain fog, anxiety, depression, and fatigue on their daily lives. Since this judgement, the landscape has changed. Women can claim protection from discrimination under the Equality Act 2010 if their symptoms are significant enough to meet the disability definition.

The EHRC guidance sets out these provisions, as they are important in understanding how best to support employees who are struggling with symptoms of menopause. However, the legal framework only provides one part of the picture. It provides for the boundaries but not the behaviours and actions which are part of the day-to-day life in any organisation. The second part of this article focuses on this latter point. 

Menopause – advising on the practicalities

Many women in the workplace do not want to enforce their rights as disabled employees but rather manage their working lives and receive necessary support and flexibility when needed. The EHRC guidance sets out numerous different ways to provide this support and I would recommend you watch the ‘Making workplace adjustments and avoiding discrimination‘ section. Some of these adjustments are substantial, looking at workplace ventilation and offering additional quiet rooms. Some are less substantial, but just as effective – encouraging conversations and support groups. 

For charities with limited resources and staff, some of these ideas might be unrealistic and a tad daunting, so what are the things that can be done to change a culture and create a more inclusive and supportive environment?

What are the easy wins?

Do not make lazy assumptions

• The symptoms of menopause are many and varied as are the women who have them. One-size approach will not fit all – do not expect all women to require the same support, same conversations, or same treatment.
• For example, do not assume that all women who are experiencing menopause symptoms will need a fan – not all of them will be experiencing hot flashes.
• Do not assume that all women will want to discuss their symptoms at their workplaces. Some staff may be fully paid-up members of the ‘bring your whole self to work’ club whereas others may not. 
• Being mindful and considerate of each woman’s experience is a crucial part of this process.

Educate your staff

• This may sound onerous especially if your HR team is small or your employees are scattered across the UK or beyond.
• However, it can be relatively simple but effective. Start with drafting and circulating a menopause policy. This does not have to be a lengthy document but rather sets out some definitions and then a commitment by your organisation to supporting employees who are living with the symptoms of menopause.
• We can assist you with this, or you can obtain further information from the ACAS website.
• Then look to see how best to ensure this policy is part of your culture. This may be through asking managers to play the videos embedded in the EHRC guidance in team meetings and then holding discussions. You can use an outside provider for assistance or we are happy to help. Alternatively, you can source the help of an internal support group. 
• Little and often is the most effective way to educate staff and change the culture. 

Be flexible and ready to listen

• As we noted above, one size will not fit all, and different employees will seek different solutions.
• Given your size and resources you may feel you are limited in accommodating changes or agreeing to more flexibility. However, an easy win is to sit and listen to an employee’s request.
• Be prepared to have the dialogue and don’t be too paralysed by the concept of ‘if we do it for you, we will have to do it for everyone’. Listening and seeking common ground in how changes can be made will have a significant impact.

Avoid a gimmicky and glib approach

• Humour can be a useful tool within the workplace but there is a fine line between humour and ridicule, as Avanti Trains found to their detriment. The company faced criticism recently when news of their menopause gift bag was circulated. The bag was intended to support conversations about menopause but fell woefully short in its execution. The bag contained items such as a jelly baby, ‘in case you feel like biting someone’s head off’, a pencil ‘to write down things you might forget’ and a paperclip ‘to help you keep it all together’. 
• Rather than encouraging a respectful conversation, it risked belittling serious symptoms and creating a culture which did not take the matter seriously. It brings us back to our first point; some women may want to laugh at their stage of life, others may not. Be respectful of your employees and their individual stories and maybe leave humorous quips to the support groups and those with a lived experience of menopause. 

This advice applies to staff employed by your organisation but not to volunteers. They are not protected by the Equality Act 2010. However, if you want to create an inclusive culture and volunteers are a key part of your organisation, we would always advise that the same respect and understanding be applied to them even if there are no legal implications for failing to do so.

If you would like any more advice on anything in the article or advice on a menopause policy or training, please contact a member of our employment and pensions team. 

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