Tina Chander asks if women are legally protected.
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?
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.
How the menopause can affect the workplace
Typically, the menopause lasts between four and eight years, during which time, around 30-60 per cent of women will encounter intermittent physical and/or psychological symptoms, which can have a significant impact on the daily lives of sufferers.
When you consider that women of a menopausal age are currently the fastest-growing demographic in the UK workforce, this can pose a potential problem for organisations across all sectors. Some statistics suggest that the UK could be losing up to 14m workdays per year because of the menopause and that 25 per cent of women experiencing symptoms will have considered leaving their job.
When you also factor in that many women feel uncomfortable disclosing their menopause-related health problems to colleagues, it becomes a very delicate issue that must be handled appropriately to avoid any serious issues occurring later down the line.
What the law says
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, whilst 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.
The employer’s perspective
As it stands, there is no legal requirement for employers to have a dedicated policy designed to support those struggling through the menopause. Equally, businesses have no protection from the impact an employee’s symptoms might have on their job performance.
Of course, in some cases, menopause symptoms can be so severe that they interfere with an individual’s ability to carry out daily tasks, which can be a cause for concern amongst business owners, prompting them to commence a formal capability process to assess the situation.
However, employers must exercise caution before taking this course of action, as a better long-term solution may be to develop a framework for effectively managing menopause in the workplace.
According to ACAS, businesses would benefit from having a specific policy that helps line managers and department heads deal with the issues of absenteeism and ill health due to the menopause. This policy will set important boundaries, whilst ensuring employees get the support they need to continue working, despite the difficulties they face.
Significantly it advises that training and awareness-raising sessions are undertaken amongst all managers and staff, along with the introduction of a personal named point of contact who will provide confidential support for any issues that arise due to the menopause.
In order to protect those impacted by the menopause, risk assessments will help ensure the working environment is suitable and will not worsen the symptoms. It would also be practical to include any self-help measures, which can support a sufferer in alleviating their own symptoms in the workplace. For example:
- Having access to natural light
- Getting adequate rest and relaxation
- Wearing natural fibres
- Eating healthily
- Drinking plenty of water
- Exercising regularly
- Not smoking
- Remaining mindful of caffeine and alcohol intake
Facing discrimination
If you feel as though you have been discriminated against, then it is important to keep a record of everything, including email correspondence, as this will help you build a case.
Before making a claim, there are of course other steps that you should take to rectify the situation, as these can be less stressful and time-consuming than taking legal action. Start by talking to someone internally, whether it be your line manager or HR representative, as colleagues in positions of responsibility will 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.
Following these steps, if you still haven’t seen an improvement to your current situation, or you think the issues have worsened, then you should seek legal support and look to take the matter to an employment tribunal.
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.
An employment tribunal would certainly help determine any claims of unfair or constructive dismissal; “Unfair” being when an employer has dismissed an employee on grounds that were unreasonable, and “constructive” being when an employee feels that they have been mistreated to the point where they had no other option but to resign.
Remember, you do not need to suffer in silence, and if you are concerned about the treatment you have received from an employer in response to your menopausal symptoms, you should certainly seek legal advice.