Introduction
Not all women suffer the symptoms of menopause, however others can suffer from extreme physical and psychological symptoms that can have a negative impact their performance and attendance at work and also on their relationships with colleagues.
Research by the Chartered Institute of Personnel and Development showed two-thirds (67 per cent) of working women between the ages of 40-60 who experienced menopause symptoms reported that the symptoms had a mostly negative impact on them at work.
Employers must therefore consider their legal obligations under the Equality Act 2010 and how they can best support these staff.
The legal framework
Menopause and perimenopause (when there are symptoms of menopause, but periods have not stopped) are not specifically recognised as a protected characteristics in our equalities legal framework.
However, employees experiencing symptoms of menopause may be protected by discrimination laws relating to age, sex disability and gender reassignment.
Generally, people experiencing menopause symptoms are women aged 40-60 (although it can happen earlier) therefore any unfavourable treatment or discrimination, whether that is direct or indirect, towards an employee experiencing menopause could amount to sex and/or age discrimination.
Gender reassignment discrimination may also be relevant if the employee experiencing menopause symptoms is transgender.
The EHRC, the organisation responsible for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales, has guidance for employers for managing menopause in the workplace (February 2024) to help them to understand their legal obligations under the Equality Act 2010 for managing employees’ experiencing symptoms of menopause and perimenopause.
Menopause can bring with it many different symptoms that affect people differently (see the LGA menopause fact file for more information) and may last for many years. If menopausal symptoms have a substantial and long-term impact on an employee’s ability to carry out normal day-to-day activities or have a substantial and long-term adverse effect on their ability to fully and effectively participate in working life equally with their colleagues, they may be considered to have a disability.
Where an employee’s experience of the symptoms of menopause amounts to a disability, under the Equality Act 2010, the employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.
In addition, employers must also consider and set in place guidance to manage workplace relations and behaviours. Unwanted conduct in the workplace involving an employee’s menopause or menopausal symptoms may amount to harassment or sexual harassment. This extends to things such as ‘banter’ between colleagues about another employee’s perceived menopause symptoms.
Similarly, victimisation or bullying may be found if an employee who has asserted their rights under discrimination laws is treated less favourably because of their complaint.
Health and safety
The Health and Safety at Work Act 1974 places a duty of care on employers in the UK to ensure the health and safety of their employees at work and to consider any risks to their health and wellbeing from the working environment. This extends to employees experiencing symptoms of menopause. Employers have a responsibility to ensure that any factors in the workplace do not worsen someone’s menopausal symptoms or related health and wellbeing.
Practical steps for employers
Each person experiences menopause differently. It is therefore important for employers to avoid making assumptions about how to respond and support their employees who are experiencing menopause.
Where employers are considering reasonable adjustments under the Equality Act 2010 or discussing practical measures with employees to lessen the impact of menopause symptoms at work, these measures can include:
- Relaxing uniform policies where possible
- Varying shift patterns
- Providing rest areas and quite rooms
- Supporting flexible working arrangements
- Reviewing policies and processes to ensure they include recognition of the impact of menopause symptoms to help managers be consistent in their approach to staff, for example, recording menopause-related absence separately from sickness absence
Our LGA menopause at work resources have advice on changes you can make to your workplace culture, policies and working environment to support employees experiencing symptoms of menopause.
The Equality and Human Rights Commission has a video explaining measures employers can take to mitigate the impact of menopause on employees at work.
Being a Menopause Friendly Employer
Local government has a female dominated workforce (75 per cent) and an older workforce with over 66 per cent of our workforce aged between 40-60 (LGA Local Government Workforce Summary Data November 2023). This means a significant portion of our workforce will be affected by menopausal symptoms the course of their daily duties.
Being a Menopause Friendly Employer is one of the ways councils can work towards long-term, sustainable change in their workplaces, fostering a fair and inclusive culture where everyone can feel confident and perform at their best. Promoting good employment practice for employees experiencing menopausal symptoms and good wellbeing at work will help councils to retain talent and to be attractive to new recruits.
Our LGA menopause at work resources offer advice and insight into what changes you can make to your workplace culture, policies and working environment that will support you as a Menopause Friendly Employer.