Over the last year there has been an increased scrutiny placed by the media on menopause issues and also an increase in claims to the Employment Tribunal on the grounds of menopause, something which historically was considered a “taboo” subject.  As this is now changing and being more openly discussed, it is important to remind ourselves that it is usually the case that a person undergoes menopause around the age of 51, although symptoms can appear several years earlier than this.

 

Symptoms can include:-

• insomnia;
• hot flushes;
• anxiety;
• and concentration difficulties.

 

What potential Employment Tribunal claims could be brought?

If an employer acts in such a way towards an employee who is experiencing menopause where the duty of trust and confidence is breached, then that employee could bring a claim of constructive unfair dismissal.

 

Whilst it should be noted that menopause is of itself currently not a protected characteristic under any of the equality legislation, discrimination due to menopause could arise under any of the existing protected characteristics of age, disability and/or sex.  To date, most menopause claims have been brought on the grounds of disability discrimination and the test of whether menopause symptoms could amount to a disability would have to be met. If an employee were to succeed in establishing that, then an employer would have to consider the issue of reasonable adjustments, examples of which might be introducing flexible working arrangements or changes to the work-place or practices, such as increased ventilation or changes to uniform policies. Another possible claim could be for harassment on the grounds of sex, if a woman becomes the subject of unwanted remarks related to the menopause, for example.

 

Furthermore, claims of age discrimination could arise if, as the menopause normally affects people of a particular age group, anything is done either directly or indirectly, which results in that menopausal employee being treated less favourably, such as for example, not appointing someone who falls into that age group, on the assumption that they would have symptoms which would affect their performance in the job.

 

Menopause Policy

Employers should consider introducing a Menopause Policy into the Employee Handbook.  This should set out the Company’s commitment to understanding the menopause as a serious workplace issue.  The Policy should be drafted for your own specific organisation but should contain a clear definition and explanation of what the menopause actually is, as well as examples of possible symptoms.  It should cover risk assessments and your commitment to ensure the health and safety of all of your staff.  It should also encourage awareness of the menopause, such as equal opportunities training and staff training on the topic of the menopause, with a clear indication of who staff can contact about the issue.  Finally, it could indicate that where an individual employee is experiencing menopausal symptoms, that they can request that adjustments should be made to their working environment and that each request will be considered on an individual basis.

 

Training

Line Managers and colleagues should be provided with training, so that they understand how to support those who are experiencing menopause, including how to handle menopause issues sensitively and fairly and how the law relates to menopause.

 

Health and Safety checks

As employers have a legal duty to ensure the health and safety of employees, menopausal employees and those who suffer from severe symptoms may need adjustments to their working conditions to help with their health and well-being. Matters to consider in a risk assessment could include: considering ventilation in the workplace, the availability of cold drinking water and if managers have been trained on health and safety as it relates to the menopause.

 

By putting these measures into motion, employers will encourage awareness of the menopause and how it can affect employees in your workplace, emphasising the importance of their well-being to the business.

 

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.