World Menopause Day: Employee Rights, Menopause Policies, and Workplace Support

Perimenopause is when you have symptoms of menopause, but your periods have not stopped. Perimenopause ends, and you reach menopause when you have not had a period for 12 months.

Menopause typically occurs between the ages of 45 and 55, but it can also happen earlier or later in life. Symptoms usually persist for around four years, though in some cases, they may last much longer.

Since menopause is linked to the menstrual cycle, anyone who menstruates can experience it. This applies not only to women but also to those who don't identify as female.

Perimenopause and menopause can cause many different physical and psychological symptoms, including:

• Anxiety
• Mood swings
• Brain fog
• Loss of concentration
• Hot flushes
• Difficulty sleeping
• Irregular periods

Employers need to be aware of the potential discrimination claims which can arise should they not treat those experiencing menopause correctly.

The Equality Act 2010 protects workers from discrimination, harassment and victimisation based on protected characteristics, including age, sex and disability.

These protected characteristics can all be linked to menopause, which means that those experiencing menopause can bring discrimination claims relating to these protected characteristics if they encounter less favourable treatment or are not appropriately supported at work. Multiple protected characteristics can also apply to a single claim.

Recently, Employment Tribunals have accepted that menopausal symptoms can amount to a disability.

The statutory definition of disability in an employment context is whether the medical condition, which can be either a physical or mental impairment, has a substantial and adverse effect on someone's ability to carry out normal daily activities and whether it lasts or is expected to last, for at least 12 months.

This is determined on a case-by-case basis, and the Tribunal will discount the extent to which treatment (like medication) may help manage the condition.

Therefore, employees with menopausal symptoms that satisfy this definition are protected from disability discrimination (as well as potentially being protected from age and sex discrimination).

Under the Equality Act 2010, if an individual is deemed to have a disability as a result of their menopausal symptoms, they may bring the following claims for disability discrimination:

• Direct discrimination: This occurs when a person is treated less favourably than others directly because of their menopausal symptoms.
• Discrimination arising from disability: This refers to unfavourable treatment that results from something connected to the person's disability, rather than the disability itself. The 'something' could include, for example, sickness absence or reduced performance due to menopausal symptoms. Any steps taken to manage such disability-related absence or underperformance will be discriminatory unless the employer can justify them as legitimate.
• Indirect discrimination: occurs when an employer applies a policy to everyone but disadvantages disabled people disproportionately. This could include, for example, disciplining an employee for behaving irrationally at work when that behaviour is linked to menopause (unless the employer can justify it as legitimate).
• Failure to make reasonable adjustments: Employers are required to make reasonable changes to ensure disabled workers can do their jobs effectively. This could include flexible working hours, relaxed uniform policies, access to temperature-controlled environments, or additional breaks to support their comfort and well-being in the workplace while suffering from menopausal symptoms.
• Victimisation: This occurs when someone is treated unfairly because they have made a complaint of discrimination or supported someone else's claim.
• Harassment: This involves unwanted behaviour related to a person's disability that violates their dignity or creates an intimidating, hostile, or offensive environment.

These claims protect workers with disabilities, ensuring fair treatment and promoting workplace equality.

Compensation for discrimination claims is uncapped in the Employment Tribunals and covers injury to feelings and financial losses.

Consequently, if an employer is found to have discriminated against an employee, the compensation awarded could be substantial.

Menopause can significantly impact an employee’s well-being and performance at work, making it essential for employers to offer proper support.

Beyond legal obligations, fostering an inclusive and understanding environment helps retain talent and promotes employee satisfaction.

Below are key steps employers can take to ensure their workplace is supportive of employees experiencing menopause while also safeguarding their business from potential legal claims.

Provide training for managers

Ensuring managers understand menopause and its effects, how the law relates to menopause and protects workers, what support and adjustments can be offered to workers suffering from menopause symptoms. At Myerson we offer menopause-related training to help employers understand the best way to manage employees suffering from menopause symptoms and avoid related discrimination claims.  

Raise awareness of and de-stigmatise menopause

Offering training to all staff to help your workforce understand the symptoms of menopause to encourage open conversations and foster a more positive working environment.

Consider implementing a menopause policy

Provide guidance to staff who may be experiencing menopause symptoms and outline the support and adjustments which are available to ensure staff are supported, and absenteeism can be reduced;

Seek appropriate occupational health and legal advice without delay

Prompt advice can help employers identify reasonable adjustments, manage health risks, and avoid potential discrimination claims under the Equality Act 2010. Taking a proactive approach protects employees' well-being and the employer's legal and business interests.