Menopause occurs when those with a menstrual cycle stop menstruating. The lead up to this can take up to 10 years – this is known as the perimenopause. Menopause affects around 90 percent of those who menstruate, usually between the ages of 45 and 55. With an older workforce in the UK, this undoubtedly has a significant impact on employers – an impact which is only likely to become more evident as the topic becomes more talked about.

Symptoms of the menopause are many, varied, subject to change and may last for many years. They often include mental symptoms (low mood, increased stress and anxiety, lack of confidence, impacted concentration and forgetfulness) as well as more physical symptoms (insomnia, fatigue, hot flushes, headaches, pain, skin changes and UTIs).

It should not come as a surprise that such symptoms can have a significant impact on an employee’s presentation at work and/or their performance more generally. This leads to a high potential for Employment Tribunal claims under a number of legal headings. Although menopause is not in itself a ‘protected characteristic’ pursuant to the Equality Act 2010, claims relating to menopause symptoms are increasing in number. The most common cases present as disability discrimination claims (harassment, discrimination arising and failure to make reasonable adjustments), and/or direct and indirect age and sex discrimination. Claims can be brought under all three headings (especially where there is concern that the definition of disability may not be met).

Employees are increasingly aware of their ‘rights’ and employers are often on the back foot on these issues. The advent of the Employment Rights Bill suggests there will be new duties imposed upon employers through equality action plans to ‘support employees going through the menopause’. It remains to be seen how this will look, but given the trajectory of this topic, it would be sensible for businesses to address their minds to such matters now – if they have not done so already – and get ahead of it. The heart of that lies in awareness and validation.
It is advisable to consider general training to all on the subject matter – not only to increase awareness, but to normalise the subject matter, discussion of the same and sensitivity. It may surprise some readers (I hope all!) that there are still jokes made in the workplace about women ‘of a certain age’ and making fun of hot flushes. That is, simply put, harassment and would likely result in a claim for discrimination.

It would also be sensible to have a menopause policy, or otherwise introduce a section within existing policies such as equality and diversity, sickness absence and flexible working. Going further and having a ‘menopause champion’, putting posters up and inviting suggestions for ideas to help, would also go some way to assist employees struggling with such symptoms to feel heard and understood.

If you are an employee and are struggling at work, do not be disheartened – and try not to leave the workplace! The economy is losing many of its excellent workforce to these issues. Ask for a conversation with your line manager and/or HR, or otherwise put it in an email. There are many things that can be done to help. By way of example, you could ask for:

  • access to ventilated rooms and provision of desk fans
  • flexible working to assist with fatigue/tiredness
  • access to bathrooms/cold water
  • adaptation of rigid uniforms
  • understanding when it comes to any performance issues

If you do not tell your employer you are struggling because of such reasons, you cannot expect them to assume. The key is transparency and having the conversation.