Supporting women through menopause: a workplace imperative

On World Menopause Day (18 October), WBD employment law expert Hilary du Randt explains why it's crucial for employers to recognise their responsibilities to support women going through menopause.

Menopause is a natural phase in a woman's life that can bring about significant physical and emotional changes, impacting their daily activities, including work. Employers have a responsibility to create a supportive and inclusive work environment that accommodates the needs of women experiencing menopause. This not only helps in retaining valuable talent but also ensures compliance with health and safety regulations and equality laws.

The NHS states that ‘Menopause is when periods stop due to lower hormone levels. It usually affects women between the ages of 45 and 55, but it can happen earlier.’ Perimenopause is when a woman has symptoms of menopause but periods have not stopped. Menopause and perimenopause can cause symptoms like anxiety, mood swings, brain fog, hot flushes and irregular periods. Here are five things employers need to know about menopause and the workplace:

1. Menopause is a significant workplace issue

Research from BUPA undertaken in 2019 suggested that nearly 900,000 women have already left the workplace citing a lack of menopause support as the main driver. Research conducted by the CIPD identified that 60% of women reported that menopausal symptoms have adversely affected their working lives. Beyond the associated cost of recruitment and retraining, losing a female employee because of menopausal symptoms is hugely detrimental to a business's talent pool. Women of this age hold years of experience, knowledge and wisdom. They are mentoring more junior staff, leading teams and setting agendas for the future of the business. Employers who provide a workplace where those experiencing menopause feel supported and ‘seen’ are best placed to retain this important talent.

2. There are good reputational benefits for employers who take menopause seriously

Businesses both large and small should recognise there is a strong reputational benefit to creating menopause-friendly workplaces and actively promoting employee wellbeing initiatives. An increased business focus on menopause should form part of any wider wellbeing strategy. Look at the rising profile of the ‘Menopause Friendly Employer’ accreditation and the ‘Menopause Friendly Employer Awards’ which are now held annually.

3. Employers have a duty to provide a safe place of work for all employees, including those experiencing menopause

Under the Management of Health and Safety at Work Regulations 1999, employers must assess the risks to the health and safety of employees at work. Risk assessments should consider the specific needs of those experiencing menopause and ensure that the working environment does not worsen their symptoms. Adequate ventilation, appropriate uniform rules, somewhere suitable for staff to rest if necessary and easily accessible toilet facilities are all important.

4. The Equality and Human Rights Commission guidance on the menopause says... 

... ‘if menopause symptoms have a long-term and substantial impact on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability.’ Each woman will experience menopause differently. In some cases the impact will be substantial. Employers need to be ready to make reasonable adjustments if employees face serious disadvantage at work because of menopause symptoms. This could involve physical adjustments or adjustments to performance requirements to recognise the impact of brain fog or adjustment to attendance targets to remove menopause-related absences.

Menopause issues at work have led to successful claims for both age and sex discrimination or harassment

Workplace rules which apply to all may place women at a certain age at a disadvantage due to menopause symptoms. This could include attendance targets or uniform rules. There is a risk of sex and/or age discrimination claims in relation to such rules unless the employer is able to objectively justify them. Employers should audit their workplace practices and rules to make sure that they do not unduly impact on menopausal employees. Similarly, insensitive comments about the menopause could lead to successful harassment claims.