Menopause discrimination: Putting the spotlight on the menopause in the workplace

Employment law solicitor, Hilary Burgess, discusses the timely topic of menopause in the workplace and takes a look at menopause discrimination.

The news has been rife of late about the availability, or rather the unavailability we should say, of certain hormone-replacement therapy (HRT) medications for people with menopausal symptoms. This has led to many discussions in media about the menopause, its effects, and how it impacts the workplace. Such discussions have intensified in the last week or so, due in part to Davina McCall’s documentary about the menopause and the publication of research by ‘Health & Her’ (a company specialising in menopause products) that 10 percent of women leave the workforce due to the menopause.

It appears that discussions about the menopause in the workplace are now firmly on the agenda. The UK Government, for example, has established a UK Menopause Taskforce which has been set up to consider access to treatment and normalising discussions around the menopause in the workplace. Furthermore, over 600 employers have signed the ‘Menopause Workplace Pledge’. This is a campaign led by Wellbeing of Women, where employers have pledged to recognise the impact of the menopause on their employees and make them feel supported.

In this piece, employment law solicitor Hilary Burgess considers some of the employment law issues around the menopause and how employers can best support their employees and avoid menopause discrimination.

Understanding the menopause

The menopause is generally understood to happen when a person stops having menstrual periods for 12 consecutive months. The point at which this natural transition occurs differs for each person but is usually between the ages of 45 to 55. However, it is said that the average age to reach the menopause in the UK is aged 51.

Having said that, people can and do suffer from the symptoms of menopause for many years prior, during what is known as the ‘peri-menopause’.  In terms of the symptoms, these can vary considerably from person to person. Some individuals do not experience menopausal effects whilst others can experience symptoms (of varying degrees of severity) including hot flushes, anxiety or low mood, mood swings, difficulty concentrating, and brain fog.

What you need to know about menopause discrimination in the workplace as an employer

As discrimination law currently stands, menopause is not a protected characteristic in itself.  However, if an employee or worker is treated less favourably or is put to a disadvantage because of their menopausal symptoms, this could potentially amount to discrimination and lead to claims on grounds of one or more protected characteristics, such as sex discrimination, disability discrimination and/or age discrimination.

There has been a notable increase in reported cases where menopause-related discrimination claims have been brought by Claimants. This includes the case of Rooney v Leicester City Council EA-2020-000070-DA and EA-2021-000256-DA, where the Employment Appeal Tribunal held that the Employment Tribunal was wrong in finding that the Claimant’s menopausal symptoms (including hot flushes, stress, and memory loss) which had lasted over two years were not substantial enough to constitute a disability under the discrimination legislation. The claim was remitted to the Tribunal to be considered by a differently constituted tribunal.

Menopause in the workplace: how can employers best support their employees?

• Encourage open conversations and engage with staff so that the menopause is not a taboo subject.
• Introduce a menopause policy. This might include a non-exhaustive list of symptoms, a list of internal/external support networks or information resources, and ways in which menopause-related issues may be accommodated in the workplace.
• Train staff and managers so that they gain an understanding of the symptoms and effects of the menopause.
• Consider a ‘menopause champion’ who could be a trained point of contact for queries and concerns.
• Consider reasonable adjustments. This could be a change in hours, breaks, or working from home. It could also include changes to uniforms to enable staff to wear more breathable materials to minimise hot flushes.
• Risk Assessments. Employers have a general duty to protect the health and safety and welfare of employees. Risk assessments should consider the needs of those affected by menopausal symptoms. These could cover temperature and ventilation, access to facilities, and uniforms.  
• Be mindful that whilst the menopause predominately affects older women that may not always be the case. Younger women can suffer the onset of early menopause and the symptoms associated with it. Therefore, you should not make assumptions based on age. Furthermore, depending on an individual’s circumstances, a transgender employee may suffer with menopausal symptoms. Thus, you should ensure fair and consistent treatment.

Expert Employment Law advice for employers

If you have any further questions on menopause discrimination or any other types of discrimination claims, Holmes & Hills Employment Law Team provides specialist employment advice to business owners, senior leadership, and HR managers across East Anglia, covering all areas of Employment Law.