Taboo around menopause ‘starting to wane’

A recent poll commissioned by Koru Kids suggested that one million people may quit their jobs due to lack of menopause support. According to data from the HM Courts and Tribunals Service, there were 16 employment tribunal (ET) cases citing the claimant’s menopause in 2020, up from six the previous year. These legal claims are just the tip of the iceberg, however, if anecdotal evidence is to be believed about the scale of menopause-related challenges in the workplace.

There is certainly a significant lack of resources and information to help employers (and even the individuals themselves) understand what menopause can entail and what type of support they may need. Many individuals experiencing the menopause will approach a GP before or in tandem with considering their workplace rights, but there remains inadequate knowledge and understanding around these issues even within the medical community.

The organisation Menopause Support reported that 41% of UK university medical schools do not have mandatory menopause education on their curriculum and NHS menopause clinics are often not adequately resourced to handle queries with the appropriate time or sensitivity. As a result, many individuals are misdiagnosed with anxiety, prescribed anti-depressants or even advised to cut down or consider leaving work to alleviate the misdiagnosed mental health condition.

Thankfully, the age-old taboo surrounding menopause is starting to wane. Employers are starting to look proactively at how they can create a workplace culture that is more supportive of employees impacted by the menopause. Making simple, meaningful (and often inexpensive) changes could greatly reduce the number of potential claims and, more importantly, foster a better and more productive working environment.

There are a number of positive actions employers can take, such as introducing a menopause policy, training for managers on how to deal with queries and employee difficulties, external support in the form of helplines or private health care, which has menopause-specific support and considering paid time off for certain situations.

Guidance and changes in the law

It would be useful to have official guidance for employers from organisations such as the Equality and Human Rights Commission about menopause in the workplace, especially in relation to best practice.

Some organisations are also calling for amendments to legislation to make it easier to bring a claim for menopause-related discrimination at a tribunal. Although some ET claims have succeeded, the law does not currently provide clear protection. Claims of age or sex discrimination may fail if any discriminatory treatment is based on a combination of age and sex rather than one or the other.

Some claims of disability discrimination have succeeded, but a successful disability discrimination claim requires claimants to show that they are so impaired by the symptoms that they meet the legal definition of disabled. This sits uncomfortably with many individuals who are simply experiencing a natural part of their life cycle and is not straightforward as the symptoms of menopause vary greatly from person to person and come and go over periods of time.

One option would be to amend the Equality Act 2010 to include menopause as a protected characteristic in itself. This would resolve some of these concerns and would arguably have an overall positive impact by making it clear that this is a highly significant issue. Some are also calling for a duty to make “reasonable adjustments”, as a lack of accommodation is commonly cited as the problem for many affected employees.

Any new legal framework will need to be sensitive in terms of the language that is used, since non-binary employees and trans men may also be discriminated against if they go through the menopause.

Employers should begin to heed the warnings presented to us by recent ET claims and polls and take action to avoid an increasing exodus of employees from the workplace due to menopause-related difficulties. Creating a more supportive workplace for menopausal workers should be high on the list of priorities for employers wishing to recruit and retain talented, experienced individuals, many of whom fill senior roles. Education and empathy are key.

Recently, a session in the House of Commons Women and Equalities Committee heard evidence relating to how the law currently protects women experiencing menopause symptoms in the workplace – it will be interesting to see whether or not these meetings will result in the creation of a more favourable legal framework and official best practice guidance that will protect and support individuals struggling with this issue going forward.