World Menopause Day is held each year on the 18 October to raise awareness of the menopause and the support options available issue that affects 3.5 million employees in the UK workplace.
Women make up nearly half of the UK working population, and women over the age of 50 represent one of the fastest growing segments of the workforce. The global population of menopausal women is projected to increase to 1.2 by 2030 with 47 million new women entering menopause every year.
Current legislation
Whilst menopause is not recognised as a protected characteristic under the Equality Act 2010, employees experiencing menopause may be protected by discrimination laws relating to age, sex, disability and gender reassignment.
If menopause symptoms have a long-term impact on an employee’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability. Menopause symptoms can be both physical and psychological, and if symptoms amount to a disability, an employer is under a legal obligation to make reasonable adjustments.
Generally, those experiencing the menopause are women aged between 45 and 55, so any unfavourable treatment or discrimination towards an employee experiencing the menopause could amount to sex and/or age discrimination.
Gender reassignment discrimination may also be relevant if the employee experiencing the menopause, is transgender.
With new legislation coming in on 26 October, unwanted conduct involving an employee’s menopause or menopausal symptoms, may amount to harassment or sexual harassment.
Practical steps for employers
Whilst employers should always consider the privacy of their employees, it is important to encourage a culture where women feel able to talk about their symptoms and feel comfortable to ask for adjustments to their work environment should they feel they are struggling to cope.
Menopause can be a topic in which some may feel uncomfortable or unfamiliar. Employers should involve all employees not just managers into conversations about menopause to gain greater awareness, whether through informal wellbeing sessions or one to ones.
Businesses should also consider implementing a menopause policy which could cover a range of topics, including setting out the employers’ expectations as well as outlining any support available.
It is good practice to communicate any policy on a regular basis and to have open conversations with employees, to find out what support they need and to keep this under review.
Looking to the future
Although it hasn’t happened yet, debates continue about passing employment legislation that specifically protects those experiencing menopause. Employers should stay up-to-date with current legislation.
Here to help
As a Legal 500 recommended law firm, our employment team at Sydney Mitchell are highly skilled in providing grounded, insightful and supportive advice. For help with employment matters, please get in touch with our friendly team.
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