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Menopause and Employment: Legal Protection, Workplace Issues and Rights

Hardeep Kular

At HKKLAW, we recognise the importance of addressing menopause as a critical workplace issue, ensuring that employees experiencing menopausal symptoms receive the support and understanding they deserve.

We are committed to bridging the gap between legal protections and workplace practices and to guiding employers on their obligations and assisting employees in asserting their rights, fostering an environment where the impacts of menopause are acknowledged and managed with compassion and compliance.

Whether you are seeking guidance on implementing supportive policies or understanding your rights in relation to menopause in the workplace, HKKLAW is dedicated to providing expert legal support, promoting a healthy, inclusive and respectful working environment for everyone.

Menopause and Employment

The impact of menopause on women in the workplace has gained increasing recognition, highlighting the need for understanding and support from employers. While the UK’s Equality Act 2010 does not explicitly mention menopause as a protected characteristic, various aspects of the legislation provide protection for employees experiencing menopause-related symptoms: the effects of menopause-related symptoms can intersect with legal protections under the act, particularly concerning sex, age, and disability discrimination.

This note explores the legal protections concerning menopause, issues that may arise in the workplace, employees’ rights, and employers’ obligations concerning menopause.

Common Workplace Issues:

Women going through the menopause may experience a range of symptoms, including hot flushes, mood swings and difficulty sleeping, which can affect their work life, performance and attendance and because of this they could be subjected to low rating appraisals, lack of promotions, low rewards, no or small pay rises,   including  performance and disciplinary processes and other discriminatory treatment. Lack of awareness and understanding among management and colleaguesabout menopause can lead to inadequate support or adjustments, inappropriate comments or jokes and discriminatory treatment. Women may also feel unable to discuss their symptoms or needs due to stigma or embarrassment.

Legal Protections:

Menopause-related issues can intersect with several protected characteristics under the Equality Act 2010, offering indirect legal protection:

  • Sex Discrimination: As menopause exclusively affects women, unfair treatment or policies impacting women experiencing menopause could constitute sex discrimination.
  • Age Discrimination: Given that menopause typically occurs between 45 and 55 years of age, negative treatment related to menopause may also be seen as age discrimination.
  • Disability Discrimination: If menopause symptoms are severe enough to meet the legal definition of a disability (i.e., they have a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities), employees are protected against discrimination.

Employee Rights:

Employees experiencing menopause have the right to a working environment where they are not discriminated against due to menopause symptoms. They are entitled to:

  • A working environment where they do not face discrimination due to menopause-related symptoms.
  • Not be disadvantaged or harassed because of menopause-related issues.
  • Request reasonable adjustments to their working conditions or hours if menopause symptoms affect their work.
  • Have their health and well-being considered in health and safety assessments.
  • Discuss their needs confidentially with their employer and seek support without fear of discrimination or reprisal.

Employer Obligations:

Employers have a duty to support employees experiencing menopause by:

  • Creating an inclusive culture where employees feel comfortable discussing menopause-related health issues.
  • Considering reasonable adjustments for affected employees, such as flexible working hours, temperature control in the workplace, or access to private rest areas.
  • Providing training to managers on menopause awareness to ensure they can offer appropriate supporteffectively.
  • Implementing and promoting a clear policy on menopause in the workplace to ensure all employees understand their rights and the support available.

Conclusion:

Understanding and supporting employees through menopause is not only a matter of legal compliance but also contributes to a positive and inclusive workplace culture. Employers should proactively address menopause in their health and well-being policies, ensuring managers are equipped with the knowledge to offer support and adjustments as needed thereby ensuring they are treated fairly and with dignity. Employees should be aware of their rights and feel empowered to speak up about their needs, knowing their rights are protected. As awareness grows, it is essential for both employers and employees to engage in open dialogues about menopause, breaking down stigmas, ensuring that the workplace is adaptable to the needs of all employees and work collaboratively towards creating supportive work environments.