Hampshire &amp; Isle of Wight

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It’s something that half the workforce will go through – and it affects everyone differently. But according to research from&nbsp;<a href="https://www.fawcettsociety.org.uk/menopauseandtheworkplace" target="_blank" rel="noreferrer noopener">the Fawcett Society and Channel 4</a>, as many as one in 10 women have left work because of menopause symptoms.



While there are few legal obligations for employers, the conversation around menopause has finally become much more open. Which (in theory at least) should make it easier for employees to speak out when menopause symptoms make daily life – and work – hard to manage.



While legal guidelines aren’t clear cut, new guidelines have been set out this year to help make things clearer for employers. We called on Sarah Hayes, a top employment solicitor at <a href="https://parissmith.co.uk/" target="_blank" rel="noreferrer noopener">Paris Smith solicitors</a>, for the lowdown and legal latest.



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1001" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith.jpg" alt="Sarah Hayes Paris Smith Solicitors" class="wp-image-31363" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith-800x534.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith-768x513.jpg 768w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2023/07/Sarah-Hayes-Paris-Smith-787x525.jpg 787w" sizes="(max-width: 1500px) 100vw, 1500px" /><figcaption class="wp-element-caption">Sarah Hayes, employment solicitor at Paris Smith Solicitors</figcaption></figure>



<h2 class="wp-block-heading" id="h-menopause-and-the-workplace-what-s-changed">Menopause and the workplace &#8211; what’s changed?</h2>



Menopause in the workplace has rapidly gained momentum within employment law and the wider media. And with good reason: recent <a href="https://www.cipd.org/uk/knowledge/reports/menopause-workplace-experiences/" target="_blank" rel="noreferrer noopener">Research by the Chartered Institute of Personnel and Development</a>&nbsp;found that, unfortunately, two thirds (67%) of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work.



In February 2024, the Equality and Human Rights Commission (EHRC) published <a href="https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers" target="_blank" rel="noreferrer noopener">some new helpful guidance</a> for employers. This considers how employers can create a more positive and supportive environment for those impacted by the menopause. It also explains the risks of getting this wrong and the potential legal claims that can arise.



<h2 class="wp-block-heading" id="h-what-action-can-employees-take-and-what-should-employers-being-doing">What action can employees take – and what should employers being doing?</h2>



On a practical level, employees should feel comfortable and confident to approach their employer if they are experiencing symptoms which are impacting on their ability to work. 



The EHRC guidance contains a helpful video on how conversations about the menopause can be encouraged. It&#8217;s important that these conversations are held confidentially and in a private environment. Some organisations now have a designated menopause or wellbeing champion at work that can help to actively support those that are affected by the menopause.



Legally, all employees have protection against discrimination under the Equality Act 2010, regardless of how long they have been employed for. Menopause is not a protected characteristic under the Equality Act 2010 but age, sex and disability are all potentially relevant protected characteristics.



Organisations should consider temporary and flexible changes like scheduling, timings of breaks, comfort adjustments such as access to individual cooling or heating and opportunities for sitting or stretching. Consideration should be given to making practical facilities such as toilets or discrete changing rooms, or quiet recovery spaces easily accessible.



Employees should also feel empowered to directly raise any other practical issues relating to their physical working environment with their employer. The EHRC guidance reminds employers that they are legally responsible for the health and safety of their staff (including those working from home). This requires them to carry out a risk assessment of the workplace and this should be regularly reviewed. For staff affected by the menopause this should include considering whether menopausal symptoms could be impacted by their physical working environment.



<h2 class="wp-block-heading" id="h-do-menopausal-employees-have-any-legal-rights-to-adjustments">Do menopausal employees have any legal rights to adjustments?</h2>



Legally, the menopause is not deemed to be an automatic disability. However, if an employee is put at a disadvantage and treated less favourably because of their menopausal symptoms, case law has shown that this can amount to disability discrimination. Whether the employee is disabled needs to be assessed on a case-by-case basis and will always depend on the individual’s particular circumstances. Disability has a specific legal meaning, which includes looking at how long the individual has experienced (or are likely to experience) the symptoms for and the day-to-day impact of this.



If an employee is disabled, an employer has a legal obligation to make reasonable adjustments to support that individual. The new EHRC guidance contains a helpful video with examples of reasonable adjustments (alongside the risks of failing to make adjustments). This can include making practical adjustments to the working environment as considered above. However, it can also include changes to the employee’s role or working pattern. For example, altering their working hours or permitting them working from home if this would assist the employee to manage their symptoms.



An employer should explore the possibility of making an adjustment to working conditions where an individual believes that they may benefit from it. The employer may be able to make simple changes to the workplace to alleviate any discomfort and lessen the risk that symptoms will worsen.



<h2 class="wp-block-heading" id="h-what-other-steps-should-employers-be-taking">What other steps should employers be taking?</h2>



Employers should ensure that they are encouraging conversations with all staff (rather than just managers) to ensure that they are familiar with the potential impact of menstruation and menopause. This may require organisations to review their workplace culture to establish whether there is a general awareness of menstruation and menopause, alongside whether employees are given opportunities for open conversations. If there is a general lack of understanding, up to date training should be considered.



Organisations should also consider whether their sickness absence policies, performance management and flexible working procedures need to be updated to cover menstruation and menopause. Some employers&nbsp;have introduced a specific menopause policy which can be a helpful way to ensure all staff know who to contact and what support is available if they are facing difficulties at work.



When it comes to managing the menopause at work, good communication and a proactive, practical outlook from employers will all go a long way.



For specific legal advice relating to the menopause or the surrounding law, contact Sarah Hayes. Email <a href="mailto:sarah.hayes@parissmith.co.uk" target="_blank" rel="noreferrer noopener">sarah.hayes@parissmith.co.uk</a>, Tel. 023 8048 2165.

How to manage the menopause at work

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