Menopause In The Workplace - Breaking the Stigma
On Friday 18 October, it is World Menopause Day.
As this is something that half the population will be going through, and the other half will be living with, supporting, or working with someone who is going through it, it is important that we talk about it. Historically there has been a taboo about discussing the menopause, particularly in the workplace.
The menopause is a natural process experienced by most women that marks the end of their reproductive life. It usually occurs between the ages of 45 and 55, but early menopause can also happen.
You can find out more information here: https://www.nhs.uk/conditions/menopause/
There are currently more than 6 million women in the workforce who are going through the menopause, so if you employ staff, it is likely that you will know someone who is going through the menopause or living with someone who is.
The impact of the menopause in the workplace can include:
Fatigue and insomnia - the menopause can impact on sleep patterns so you may notice an impact on concentration, productivity and accuracy
Hot flushes – this can be quite embarrassing for women if they are in a meeting or in a shared office and they suddenly go bright red
Focus and concentration – brain fog – not being able to think of words, losing their thread in a conversation, not being to articulate themselves
Anxiety and worry – the menopause can make women very emotional, even if they weren’t previously
There are 3 relevant pieces of legislation to consider in relation to the menopause:
Health and Safety at Work Act 1974
According to the Health and Safety at Work Act, employers have a duty of care to all employees for both their mental and physical wellbeing. Employees also have a duty to look after themselves and each other.
As the menopause can include both mental and physical symptoms, employers need to make sure that they are looking after female employees going through this transition.
Employment Rights Act 1996
According to the Employment Rights Act, there are 5 fair reasons as to why a business can dismiss an employee.
The most relevant here are conduct, and capability which can include someone’s ability to carry out their work due to their health. The other meaning of capability in employment law is work performance. If someone is behaving in a different way, or their work performance has dropped from the norm, explore the reasons for this. For example, an employee may become more irritable, or make more mistakes than normal, take longer to do things.
If a business starts a formal process to manage these situations, such as a disciplinary or a performance management process, it is important to be clear that you have explored all the options before issuing warnings and moving towards a potential dismissal.
If a business hasn’t investigated the reasons thoroughly, they could end up with an unfair dismissal claim.
Equality Act 2010
While menopause is not directly referenced in UK employment law, those experiencing menopausal symptoms are protected by the Equality Act 2010 which prohibits discrimination on the grounds of sex, gender reassignment, age or disability.
Compensation for claims of discrimination is uncapped so it is a big risk to an organisation. This doesn’t account for management and HR time, legal fees, impact on the organisation’s reputation, impact on other employees, customers/clients and so on. Case law in this area is growing.
From a business perspective, there are also a number of other reasons why it makes sense to look after an employee going through the menopause:
Employee retention
Recruitment and attraction
With over 6 million women going through the menopause at any one time – that’s a large percentage of the workforce. Often women in their 40s and 50s are carrying out senior roles, and they have a lot of work experience.
According to research, 25% of women have considered leaving their jobs due to menopause symptoms, and 10% of women have actually given up work because of it.
That means that we lose a lot of knowledge, skills and experience. Most businesses and organizations are struggling to recruit and retain key talent. It is expensive to replace someone when they leave – not just in recruitment fees, but also the impact on the team, time to onboard and train the new starter, impact on customers or clients and so on.
Many candidates are now keen to understand how a business is going to look after them, as well as terms and conditions, career development etc.
Employee engagement
Productivity
Staff who feel valued and looked after are more likely to be engaged in their work, and more productive in their role.
So what can businesses do to support employees in the workplace?
Develop a menopause policy which sets out what employees’ rights and responsibilities are.
Link this to other policies such as sickness absence, performance management, wellbeing, equality diversity and inclusion; and flexible working.
Educate managers and staff– this helps to create an environment where it is ok to talk about the menopause. This could be part of a programme throughout the year:
https://www.nhsemployers.org/events/calendar-national-campaigns
From a practical point of view, think about what you can put in place for women at this stage in their lives
Is there access to cold water during the working day?
Can the employee regulate the temperature at their desk or workstation?
Consider uniforms – are they suitable for women at certain times of the month?
Can female employees work from home or vary their start and finish times to accommodate their symptoms of the menopause?
Is there a support group available to women across the business who can share their experiences of the menopause?
If you would like any further support, please get in touch.
Sarah Darbyshire FCIPD
HR Consultant and Director
HR Solutions Yorkshire Limited
HR Strategy - Business Change - Management Development - Employee Relations - Board Advisor
01937 591577 | sarah@hrsolutionsyorkshire.co.uk | http://hrsolutionsyorkshire.co.uk
LinkedIn : www.linkedin.com/in/sarahdarbyshirefcipd/
