Managing menopause in the workplace
Supporting staff through the transition of menopause can help you retain valued employees, as well as boosting your employer brand to attract and retain staff. Failing to do so could lead to lower productivity, higher staff churn – and even an employment tribunal claim. Employment lawyer, Kate Lawson, director of Element Law, outlines why menopause matters, and key steps small businesses can take to provide effective support for employees.
Why has menopause become a hot topic?
Until around 5 years ago, Menopause was a word said in hushed whispers discussed only between women experiencing the symptoms, and occasionally with medical practitioners, or raised in “jokes and banter”.
The topic has however now been blown wide open by the courage of celebrities like Davina McCall and Carole Vorderman in the UK, and Michelle Obama and Gwyneth Paltrow in the US. The UK government has also stepped in to set up an all-party group on menopause matters, undertaken investigations and inquiries, made recommendations, appointed a Menopause champion and then ambassador, and tasked ACAS and the Equality & Human Rights Commission (EHRC) with producing guidance materials for employers and service providers.
Menopause is now well and truly on the agenda, and employers ignore at their peril its impact on employees and its significance as a workplace matter.
What is the menopause?
According to the NHS, menopause occurs when periods have stopped for over 12 months due to lower hormone levels. Most of those who experience menopause do so between the ages of 45 and 55, with 51 being the average age for menopause. However, some start experiencing symptoms much earlier. Further, some may experience menopause after surgery or after treatment for cancer.
Menopause is preceded by perimenopause, during which periods continue but the body prepares itself for menopause. Perimenopause usually involves similar symptoms to menopause and can last several years. The stage after menopause is known as post-menopause.
What are symptoms of the menopause?
There are over 34 symptoms – yes 34! Hot flushes or flashes is the most commonly recognised symptom. While it is often referred to jokingly, it is usually far from funny for those experiencing it, as the feeling of heat is accompanied often by redness in the face and neck, thirst and brain fog – which can be distressing and embarrassing for the sufferer. Many women are haunted from experiencing this while delivering presentations or speaking in meetings.
Other common symptoms include night sweats – which result in long periods of wakefulness at night and therefore sleep deprivation and fatigue – and very heavy periods, meaning proximity to toilet facilities is vital. Many women also experience weight gain, loss of libido, painful vaginal dryness and headaches. Cognitive challenges such as brain fog, concentration difficulties and memory impairment are common, as well as mood swings, anxiety, irritability and depression.
Symptoms of perimenopause and menopause vary both in type and in severity from person to person. For many, this period of life is debilitating due to severe symptoms. Different people may experience symptoms in different combinations, which can change with time. Some women experience very mild or no symptoms, but this is rare.
Why do employers need to be aware of the menopause?
With more women aged 50 and over still economically active, more people than ever before are experiencing menopause during their working lives.
Figures released by the Conservative government in 2022 show that the employment rate for people aged 50 to 64 has increased from 57.2% in 1995 to 72.5% in 2019 (Department for Work and Pensions: Economic labour market status of individuals aged 50 and over, trends over time: September 2022). For women aged 50 to 64 in particular, separate figures show that the employment rate has increased from 46.9% in 1992 to 66.3% in 2023 (Office for National Statistics: LFS: Employment rate: UK: Female: Aged 50-64: %: SA).
What are the costs to business of failing to support staff through the menopause?
Supporting employees effectively through the menopause helps them perform at their best, and is also vital in relation to the retention of valued employees and the recruitment of good candidates.
By contrast, failing to provide effective support increases the risk of loss of productivity, poor morale and staff churn.
In 2022, the Fawcett Society published the results of what it believed to be the largest survey of menopausal women in the UK (Fawcett Society: Menopause and the Workplace). This revealed that, of the women surveyed:
- One in ten had left a job due to their menopause symptoms
- 44% said that their ability to do their job had been affected by their menopause symptoms
- Eight in ten said that their employer provided no support for menopause
- 52% said that they lost confidence at work
- 41% reported that colleagues had treated menopause or menopause symptoms as a joke
In 2023, the British Standards Institution (BSI) published a report examining why women leave the workforce early other than for personal preference (BSI: Lifting the second glass ceiling (July 2023)). Of the UK women surveyed, the report found that:
- 20% mentioned health or wellbeing considerations for the menopause as a barrier to continuing in work
- 54% would find it difficult to raise health and menopause-related issues with their employer and 60% would be uncomfortable raising these issues with a male manager
- 71% said formal policies to address personal health and wellbeing issues such as menopause would be helpful. However, only 4% were aware of such policies in their organisations
Findings from a survey of 2,000 women carried out by Menopause Mandate and shared on World Menopause Day on 18 October 2023 revealed that:
- 96% of menopausal women surveyed advised that their quality of life had suffered as a result of their symptoms
- It took over a year for nearly 50% of respondents to realise that they might be perimenopausal or menopausal
- Among working women, 64% said that they were negatively impacted by the menopause, but only 29% said their employers had a menopause policy
It is clear from these figures that going through menopause while working may have a profound impact on an employee’s experience in the workplace. It is therefore crucial that an employer has policies and procedures in place to accommodate and support employees through menopause transition.
What are the legal requirements to support employees going through the menopause transition?
There is also the imperative of behaving lawfully to avoid claims in the employment tribunal. Soberingly, employment tribunal claims for menopause related matters have been increasing since 2020.
Did you know that someone experiencing menopause symptoms, usually during the perimenopause period, may meet the definition of disabled under the Equality Act 2010? If the symptoms last, or may last, 12 months or more, are significant and have an impact on the employee’s day-to-day activities, then this is a disability. If an employee is disabled, their employer is under a positive legal obligation to make reasonable adjustments to support them in their role. This means the business should take affordable steps which will or should help the employee.
Poor treatment of employees during menopause can also lead to claims for age discrimination and/or sex discrimination. They may also lead to claims for constructive unfair dismissal; even if the employee is not disabled, failure to provide support can constitute a fundamental breach of trust and confidence by the business in relation to that employee.
When performance managing employees, you should also be aware of how menopausal symptoms may be impacting performance.
Also be aware that “jokes and banter” about menopause and menopausal symptoms can also amount to unlawful harassment on the grounds of disability, age and/or sex.
What steps should an employer take to support employees and avoid claims in relation to the menopause?
Key steps to take include:
- Encourage open conversations to help those experiencing symptoms to come forward.
- Train managers in how to talk and listen sensitively about menopause, and be aware of the risks in ignoring the impact of menopause symptoms on employees.
- Undertake a menopause risk assessment to review relevant items such as access to toilets, cold drinking water, rest areas and outside areas, and the extent of ventilation in the office. If you require employees to wear uniforms, you should make sure these work for those suffering menopause symptoms.
- Review your flexible working arrangements and how they may help employees experiencing menopause symptoms, for example with rest breaks for concentration challenges and/or late starts (and finishes) for those who struggle to sleep. If staff work shifts, also look at this impact.
- Review your sickness absence, attendance management, performance improvement, capability and return-to-work interview procedures to ensure they allow scope for discussions and considerations of the impact of menopause symptoms on attendance and performance levels.
- Consider consulting with employees to devise and implement a Menopause Policy. There is, however, no point in having a policy it if isn’t properly followed and regularly revisited for updates and discussion.
- Consider appointing an internal menopause wellbeing champion.
Further reading
The following resources provide helpful information:
 
      