Menopause in the workplace
Generally speaking, UK employment law protects those suffering from chronic illness or disability in the workplace, but how does this translate to women going through the menopause? Tina Chander, head of Employment Law at Midlands law firm Wright Hassall, explains.
In recent times, there have been some high-profile menopause tribunal cases, and employers are becoming more aware of their legal obligations to employees who are suffering with perimenopausal and menopause symptoms.
According to research from the group Menopause Experts, the number of claims relating to the menopause has increased from six in 2019, to 16 in 2020, with a further 10 being launched in the first six months of 2021.
This increase in menopause-related employment tribunals demonstrates the need for businesses to be proactive to avoid finding themselves in court facing discrimination claims. Equally, women who feel they have been unfairly treated should act accordingly to address the situation.
What does the law say?
Currently, there is no specific legislation that protects women going through the menopause. However, claims can be made under the Equality Act 2010 which largely includes three key characteristics – age, sex and disability discrimination – or the Health and Safety at Work Act 1974, which covers working conditions and can be extended to reflect women whose health concerns are not being appropriately managed.
Confusingly, for claimants and employers alike, the courts are often inconsistent with their rulings around the matter, with seemingly similar cases having very different results.
Technically, menopause symptoms could be covered under section 6 Equality Act (disability) providing the ailments have had a long-term, detrimental impact. But, while symptoms can impact a person’s wellbeing for a lengthy period of time, medically speaking, menopause is classed as a phase of life, like teething or pregnancy. So, although there have been a small number of successful disability claims made, more often than not, menopausal tribunal claims will fall under sex discrimination.
What can employers do?
There is no legal requirement for employers to have a dedicated policy designed to support employees struggling through the menopause. Equally, businesses have no protection from the impact that an employee’s symptoms have on their ability to do their job.
If menopausal symptoms are seriously impacting job performance, then employers may feel that commencing a formal capability process is the best way forward, but this is something they must exercise caution with.
What in fact should happen, is for organisations to take control of the matter themselves and develop a framework for effectively managing menopause in the workplace.
ACAS suggests that a policy is used to outline best practice for line managers or department heads in tackling absenteeism or ill health due to the menopause in a sympathetic and supportive manner, setting the boundaries for communication between all parties, and providing an overview of reasonable workplace adjustments which could be made.
What should you do if you feel you are being discriminated against?
The most important thing you can do if you feel that you are being discriminated against is to keep a record of everything. From conversations to emails, it can all help you to build a case.
There are of course steps you should look to take first to ensure that you can prove that you have tried every action possible to rectify the situation. Firstly, try to talk to someone who can help internally. If this is not your line manager or HR, look for another trusted source or a trade union representative who can actively help you seek change.
If this doesn’t work, you can make a formal complaint or launch a grievance procedure as this will ensure that your concerns are officially acknowledged.
The Citizens Advice Bureau can help if you are unsure about this process.
If you still don’t get the desired results, your situation hasn’t changed, you fear that the discrimination is getting worse, or you have left your role due to the ongoing situation, then you should seek legal support and look to take the matter to an employment tribunal.
Tina Chander is the head of Employment Law at Midlands law firm, Wright Hassall, a top-ranked regional law firm, providing legal services including: corporate law; commercial law; litigation and dispute resolution; employment law; and property law.