October is Menopause Awareness Month. For a life-stage which used to be the topic of very limited public discussion (even by those who were experiencing it), having a whole month dedicated to raising awareness of it marks a large societal shift, one that employers need to embrace.
Statistics show that menopause is a significant workplace issue. According to the Equality and Human Rights Commission (EHRC), 1 in 10 women leave their jobs due to menopausal symptoms, while research from the CIPD found that 60% of women report that their symptoms adversely affect their work.
Using case law as our guide, here are 5 good reasons employers should take the issues raised by menopause in the workplace seriously:
- Menopause symptoms can be a disability
Menopause symptoms, if severe enough, may amount to a disability. This was demonstrated in Donnachie v Telent Technology Services, where the Claimant experienced sleep disruption, concentration issues, and reduced work pace due to menopause. The tribunal ruled that these substantial impairments amounted to a disability.
The EHRC guidance on the menopause says: ‘If menopause symptoms have a long term and substantial impact on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability.’
- There can be a duty to make reasonable adjustments
When menopause symptoms amount to a disability, employers have a duty to make reasonable adjustments if they are aware (or ought to be aware) of it. In Lynskey v Direct Line, the employer failed to adequately support an employee whose performance was affected by menopause symptoms. The tribunal found that more adjustments, such as lowering performance targets and considering a job transfer, should have been made. This case highlights the importance of ensuring that menopausal employees receive appropriate workplace accommodations.
- Risk of sex and age discrimination claims
Menopause can lead to both sex and age discrimination if handled improperly. In A v Bonmarche Ltd (In Administration), a claimant was ridiculed by her manager, who linked her poor performance to her menopause and called her a “dinosaur” in front of younger colleagues. She brought claims of sex- and age-related harassment, which the tribunal upheld. Employers must avoid making dismissive or inappropriate remarks about menopause to avoid discrimination claims.
- Unfair Dismissal risks
If menopause symptoms are ignored in conduct or performance cases, employers may face unfair dismissal claims. In Merchant v BT, a long-serving employee’s poor performance was linked to menopause, but her employer failed to investigate the impact of her symptoms. The tribunal ruled that her dismissal was unfair. Employers should handle performance issues sensitively and ensure menopause is considered as a potential factor when addressing workplace concerns.
- Sensitive Handling is Crucial
Employers should approach menopause with care and avoid trivializing it. A notable misstep occurred when Avanti West Coast gave out a goodie bag to female employees containing ‘gimmick’ menopause-related gifts. ‘Gifts’ including a jelly baby ‘in case you feel like biting someone’s head off’, a paper clip ‘to help you keep it all together’, a tissue ‘if you’re feeling a bit emotional’ and a pencil ‘to write down the things you might forget’. It led to a predictable backlash from employees and unions, underscoring the need for thoughtful and respectful workplace initiatives regarding menopause.
The importance of addressing menopause in the workplace has also gained the attention of the government. The Employment Rights Bill proposes to introduce a requirement that businesses with over 250 employees publish a Menopause Action Plan detailing how they will support employees going through menopause. This change is unlikely to become law until 2026 but employers should not wait. Taking proactive steps now will create a supportive environment, increase productivity, and reduce legal risks.
We recommend the following for further guidance:
Supporting staff – Menopause at work – Acas
Menopause in the workplace: Guidance for employers | EHRC
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Members of HR Inner Circle have already benefited from an in-depth advice series on Menopause in the Workplace this year and will soon receive a complimentary copy of Daniel Barnett’s book on this very issue. More details on how you can join HR Inner Circle and benefit from this and a raft of other benefits can be found here: www.hrinnercircle.co.uk or for more information, contact Lyndsay: lyndsay.bradley@hrinnercircle.co.uk or 0333 090 8401