Pictured (L-R): Olivia Greener and Elspeth Wedgwood

Changes to mental health, such as low mood, anxiety, and memory problems, as well as physical changes such as hot flushes, headaches, and difficulty sleeping are all common symptoms that can last for years. These changes inevitably impact upon an individual’s life, work, and relationships.

The Chartered Institute of Personnel and Development report that:

“Two-thirds (67 per cent) of women (aged 40 to 60 in employment) with experience of menopausal symptoms say they have had a mostly negative effect on them at work” and “around one in six have considered leaving work due to a lack of support in relation to their menopause symptoms”.

Statistics such as these serve to highlight the importance of having policies and procedures in place to support employees experiencing menopause.

What can employers do to help?

Employers can support staff experiencing menopause in a variety of ways.

Ensuring the workplace is a comfortable environment for those experiencing menopause can include:

• controlling the temperature or providing fans;
• considering flexible working requests; or
• allowing hybrid working.

Additional to these physical comfort measures, employers may also consider:

• providing specialist training for managers to assist them in supporting employees experiencing menopause sensitively;
• providing information on the law surrounding menopause;
• introducing a menopause policy advising on practical, accessible measures; and
• developing a procedure on how to deal with any menopause-related concerns brought forward.

Where symptoms of menopause are so severe that they are considered a “disability” under the Equality Act, there is an obligation on the employer to make reasonable adjustments. Even where reasonable adjustments aren’t required, employers should still carry out risk assessments to ensure the health and safety of employees experiencing menopause.

Training for all staff may assist in creating an open environment where staff feel comfortable talking about menopause, de-stigmatising menopause as a topic and creating a supportive culture where employees feel able to request adjustments where required.

The current law

There has been a lot of discussion around menopause and the law recently, but the government has stated that menopause will not be introduced into the Equality Act as a protected characteristic.

This does not, however, mean that those experiencing menopause are not protected from discrimination. Claims for discrimination in the Employment Tribunal which concern menopause are likely to be raised as age, disability, sex, and/or gender reassignment discrimination claims. There is no maximum cap on the compensation that can be awarded in an Employment Tribunal claim for discrimination.

Furthermore, in some cases it might be appropriate for employers to consider whether employee misconduct or capability (for example) is caused by or related to their experience of menopause. A failure to do so, in some cases, may risk a decision to dismiss being subsequently deemed to be unfair.

The Advisory, Conciliation and Arbitration Service advise that it is good practice for employers to record absences due to menopause symptoms separately from other absences to avoid any claims of unfair or discriminatory treatment due to menopause symptoms.

What are Labour’s proposed changes?

The Employment Rights Bill, published on 10 October 2024, provides the Labour government’s proposed changes:

• employers with more than 250 employees will have to develop and publish equality action plans, known as “Menopause Action Plans”, showing the steps taken to support employees going through menopause.
• that the regulations relating to Equality Action Plans may provide for (s.78A):
  • the content, form, and manner of the plan;
  • how frequently the plan must be published (no more frequently than every 12 months);
  • requirements for senior approval before a plan is published; and
  • descriptions of employers, employees, and pertinent information.

We are also likely to see separate guidance being published for employers to assist organisations in dealing with issues experienced by those going through menopause and advise on how employers can support employees in those circumstances.

What does Shepherd and Wedderburn do?

We work with our Wellbeing and Gender Focus Groups to understand what colleagues find helpful in relation to menopause awareness and support. Providing information is the most common request, so we have established an information hub with bite-size guides on symptoms, tips, and myths. We keep our menopause policy under review to make sure it continues to reflect the way we work and best supports our colleagues. We have made sure to take account of post-Covid practices such as hot desking and Teams calls, acknowledging that some symptoms can impact how accessible or comfortable these arrangements are for people experiencing menopause.

Olivia Greener is a solicitor and Elspeth Wedgwood is diversity and inclusion manager at Shepherd and Wedderburn