Menopause in the Workplace

What is the menopause?

The menopause is when a woman stops having periods and is no longer able to get pregnant naturally. The menopause can also impact trans and non-binary people who may not identify as female. Menopause usually occurs between 45 and 55 years of age and the average age for a woman to reach the menopause is 51 in the UK.  On average, most symptoms last for around 4 years.
Symptoms include:

  • Hot flushes/night sweats
  • Difficulty sleeping
  • Low mood/anxiety
  • Problems with memory and concentration

Menopause in the workplace

People have been suffering with issues within the workplace linked to menopause for many years.
Whilst discrimination linked to the menopause is likely to be covered under the Equality Act 2010, specifically sex, disability and/or age discrimination, there has not been any appellate case law on this subject.
There is a first instance Employment Tribunal decision which upheld claims for unfair dismissal and direct sex discrimination when a woman had been dismissed for poor performance, where there was medical evidence that she was going through the menopause and this affected her concentration.
There is also a first instance Employment Tribunal decision which upheld claims for unfair dismissal and discrimination arising from disability as the Claimant’s peri-menopausal condition caused her to be forgetful and confused, which led to the incident she was dismissed for.
Employers should therefore be mindful of the impact of the menopause in the workplace, have a policy in place, carry out risk assessments (where necessary) and implement any adjustments required.

The future?

The Women and Equalities Committee have recently commenced an inquiry into the extent of discrimination faced by menopausal people in the workplace and whether further legislation is required for employers to introduce a workplace menopause policy to protect those people going through the menopause.
It may therefore become mandatory for employers to have a menopause policy going forward.  Employers may wish to address this now by implementing such a policy before it becomes mandatory.

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