Menopause at work – a culture shift?

Much has been done over the last 12 months to shake off the taboo of discussing menopause and its symptoms, especially within the workplace.

Notable television figure Davina McCall and Radio 1’s Jo Willey, have spoken honestly and often movingly of the effect menopause has had on them, their lives and careers. A welcome cultural shift to openness for many women going through menopause and one which requires employers to similarly shift and react. 

Our advice for employers, at whatever stage of this process, is three-fold;

• Education
• Documentation
• Communication

Education
It is vital for employers to educate themselves on terminology, any legal implications and related information, and to continue to do so. Key knowledge is as follows:

• What are the symptoms of menopause?
  
  Symptoms of menopause can be many and varied, and the range and severity of the symptoms will differ from one person to the next. They can be both physical and/or psychological. The most common are anxiety and depression, memory loss or brain fog, hot flushes, tiredness through sleep deprivation and headaches. Whilst all symptoms are serious for anyone struggling with them, these are perhaps key for employers as they are more likely to have an impact on employees in the workplace. 
  
  

• Who does it affect and when?
  
  Menopause refers to the time when a woman stops having periods and can no longer become pregnant naturally. The transition period leading up to menopause is known as perimenopause and can last for a few months or several years. Menopause usually takes place between the ages of 45-55, although it could happen earlier as a response to surgery or illness. Symptoms may continue for a further 10 plus years post-menopause. For the purposes of this feature, the term ‘menopause’ encompasses menopause, perimenopause and post-menopause, unless specifically stated otherwise. It is also important to note that trans women and trans men and those who identify as non-binary can also experience menopause and its associated symptoms.  
  
  

• Are women protected under the law when experiencing menopause?
  
  This is a slightly trickier question to answer. Helpfully we are seeing more cases being fought in tribunals by women, who are alleging they have been discriminated against in the workplace because they have been going through menopause. There is no targeted legislation at present, although we await the results of the enquiry by the Women and Equalities Committee in Parliament, to see if there are any plans to change that. However, women who have suffered on account of them going through menopause can claim sex discrimination, age discrimination and disability discrimination. With the latter, their case will need to demonstrate how the symptoms meet the definition of disability as defined by the Equality Act 2010.   

Documentation
The purpose of a menopause policy is two-fold; it breaks the taboo that is often associated with menopause and demonstrates that as an employer you are ‘happy to go there’, and secondly, it helps staff feel supported in whatever they are experiencing. 

A good policy will confirm what menopause is and explain a range of symptoms and effects, whilst outlining what support is available within your organisation and what training has been given to managers across the company. It will outline who, within the organisation, is best placed to discuss issues and queries, and encourage an atmosphere of openness and collaboration around this matter. ACAS also suggest that the policy should ensure that it includes any trans men or women who are also experiencing menopause. 

Communication
Education and documentation will be of little use if it is not communicated effectively to the workforce, not only to employees going through menopause but also to colleagues of these employees and their supervisors/managers alike. Alongside the rolling out of the policy, you may want to have some additional sessions to give employees opportunities to learn more and ask questions. These could be in a variety of settings, both larger and smaller groups, however, be aware that many people may not feel comfortable asking questions in the former. The goal is that this issue will become something that over time loses its taboo and is more readily talked about and issues addressed. The first rollout, communicating this intention, is therefore key.

For more information

This issue is very much bigger, more detailed and nuanced than what we are able to cover in any short article such as this one. If you would like any more advice on the legal issues or drafting a policy please do contact Alice Kinder for more information on how we can help.  

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