Last Friday was World Menopause Awareness Day and with the recent announcements made in relation to the Employment Rights Bill, managing the effects of menopause in the workplace for both employers and their staff has become increasingly important.
Leading campaigner and broadcaster Mariella Frostrup has been appointed as the Government’s new Menopause Employment Ambassador. She says:
“Can’t wait to roll my sleeves up and ensure that the 60k women currently leaving the workplace and costing the economy 1.5 billion a year are supported through this challenging but passing phase of female fertility.”
Mariella further states that she looks forward to working with businesses to ensure more fair and equitable environments in the workplace.
Menopause usually happens between the ages of 45 to 55, and research by the Chartered Institute of Personnel and Development (CIPD) found that two-thirds of working women who experience menopausal symptoms have suffered negative impacts on their work.
Under the changes being introduced by the Employment Rights Bill, employers with more than 250 employees will be required to develop and publish an ‘equality action plan’ to demonstrate they are taking action to address gender equality, specifically relating to the gender pay gap and supporting employees going through menopause.
In the Government’s policy paper called ‘Next Steps to Make Work Pay’, the Government confirmed that menopause guidance will also be developed for all employers.
For employers, menopause is a health and wellbeing concern for its staff. Employers need to be aware of the impacts that menopause can have on its staff and the sensitivity of the topic. Although menopause is only experienced by those with menstrual cycles, it is important that employers also educate male staff members on the implications and importance of offering support where necessary.
Supporting and creating a positive, open environment between an employer and its staff will assist in boosting the morale of those going through menopause. This will avoid staff feeling obliged to attend the workplace, despite experiencing severe or uncomfortable symptoms and will aid in reducing mental health problems such as anxiety, stress and depression. This will, in turn. keep employees in their roles for longer, thus increasing staff retention and reducing recruitment costs.
Whilst menopause is not a protected characteristic under the Equality Act 2010, if an employee or worker is treated less favourably or disadvantaged because of menopause, this could be classed as discrimination if connected to a protected characteristic such as age, disability, gender reassignment or sex.
The Health and Safety at Work Act 1974 provides that employers are required, where reasonably practicable, to ensure everyone’s health, safety and welfare at work. If menopause symptoms have a long-term effect on a worker’s ability to carry out their day-to-day activities, these symptoms may be considered a disability, where an employer will then be under a legal obligation to make reasonable adjustments and not indirectly discriminate the worker because of this disability.
Having regular conversations with staff and listening to their concerns might help resolve issues at an early stage, thus avoiding legal action being taken.
Please contact Joseph Oates jmo@cooperburnett.com or Natasha Smith nes@cooperburnett.com (tel 01892 515022) from our Employment team if you would like to discuss this further.
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
