Know the Laws of Menopause

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff.

Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause.

Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a lunch time walk could really help someone feel supported through this difficult period.

As everyone is affected differently the following is a non-exhaustive list of menopausal symptoms. These symptoms can happen at any time and with different levels of severity, so it is crucial that employers are mindful of this.

Common symptoms of menopause include:

• Hot and cold flushes
• Difficulty sleeping
• Low/changing mood or anxiety
• Problems with memory and concentration

It’s important to note that whilst there are some treatments to help alleviate some of these symptoms, they are not suited to everyone going through menopause. Having an open and positive environment for all employees is one of the best ways for employers to show they have care and concern for their health and wellbeing.

In a poll taken last year by the not-for-profit organisation ‘Newson Health Research and Education’, the majority of participants felt that their menopausal symptoms had a huge impact on their careers. As a direct result of these symptoms, many were forced to take time off work or even leave their jobs. In a recent case, a woman was given a formal warning after being signed off sick due to her menopause issues. The Employment Appeal Tribunal ruled that menopausal symptoms are to be treated seriously, like any other kind of impairment when assessing a claim for discrimination.

Even though menopause is not a defined illness under the Equality Act 2010, treating an employee less favourably or to a disadvantage can still have very negative consequences, such as the employee making a discrimination claim on the basis of their age, sex or gender. Many people going through this change describe feeling isolated and have increased issues with their mental health caused by the serious nature of the physical symptoms mentioned above.

Whether you are an employee going through menopause, or an employer wanting to know how best to support your staff, please feel free to contact the Employment Law team at Ware & Kay via phone on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247.

For more information on menopausal symptoms, please visit the NHS website link here.