Is menopause a health and safety issue?
In the UK, while employment legislation and associated guidance provide a framework of employment protection for workers experiencing menopause, health and safety issues that arise for menopausal women and their employers are less understood.
Deborah Garlick, founder and CEO of Henpicked: Menopause in the workplace, says employers need to make sure they put in place more than just a menopause policy or a guidance document. As well as ensuring fair treatment, employers have a duty to make reasonable adjustments in order to provide a safe and supportive working environment for people working through menopause. By increasing awareness and promoting open discussions, they will contribute to a more inclusive and understanding work culture.
How menopause symptoms can impact work
According to Professor Jo Brewis, co-author of Government Report on Menopause (July 2017), “menopausal women are the fastest growing workforce demographic”. This is highlighted by the Office of National Statistics UK Labour Market report. Plainly speaking, the concern over the effects of menopause in the workplace is going to continue to grow.
Menopause symptoms can be wide-ranging, both physical and psychological. They can start during what’s known as the perimenopause, typically during someone’s 40s. Around 75% of menopausal women experience symptoms. While menopause is a normal transition in life, it happens over several years and can have a significant impact on people’s lives.
Survey after survey highlight just how many women have said that their menopause has had a detrimental effect on their work life. A recurring theme is how poorly adapted workplace cultures, environments and practices can make symptoms worse.
What the law says
Employers are largely aware of their duties under the Health and Safety at Work etc. Act 1974 to ensure the health, safety and welfare of their employees. They’re perhaps less aware that this could include conducting risk assessments, which could highlight risks pertaining to menopausal women.
Under health and safety law, employers must provide enough information, instruction, training and supervision to enable their employees to carry out their work safely. This includes employees experiencing menopause symptoms and the impact that could have on them and their colleagues.
It is important to recognise employees also have a duty of care with respect to health and safety - and employers need to ensure their staff meet their legal requirements.
Under the Management of Health and Safety at Work Regulations 1999, employers have a duty to make a suitable and sufficient assessment of the workplace risks to the health and safety of their employees. This includes identifying groups of workers who might be particularly at risk, such as those experiencing the menopause.
Equality Act 2010
Menopause falls under three of the nine protected characteristics cited in the Equality Act 2010: namely age, sex and disability discrimination. The Act states workers have a right to be protected from disadvantage or less favourable treatment. There is no express protected characteristic for menopause, but legal protection from discrimination exists in relation to the protected characteristics set out above.
Menopause can be considered a disability if it constitutes a physical or mental impairment that has a substantial and long-term effect on a worker’s ability to carry out normal day-to-day activities. Under the Equality Act 2010, employers are required to make reasonable adjustments to support workers with disabilities. These adjustments may include flexible working arrangements, changes to working conditions, or providing suitable facilities, such as fans or access to cool areas. It’s important to note, the right to request flexible working becomes a day one right as of 6 April 2024.
Equality and Human Rights Commission (EHRC) guidance
On 22 February 2024, the EHRC published guidance for employers on menopause in the workplace, setting out their legal obligations under the Equality Act 2010. The guidance provides information about the menopause and perimenopause and outlines key symptoms and how they can impact workers.
The guidance also provides a summary of an employer’s obligations under the Equality Act 2010, particularly regarding the protected characteristics of disability, age and sex. Rather confusingly, there has been some commentary highlighting that as menopause is a stage in life, it is not in itself a disability. However, importantly, the guidance is highlighting that in some instances the definition of disability can be met.
The guidance is also a useful reminder of the risk of claims for failure to make reasonable adjustments, direct and indirect discrimination, harassment and victimisation.
What must employers do?
Employers must ensure that workers affected by the menopause are not subjected to harassment, less favourable treatment or disadvantageous employment decisions connected to their menopause. For example, it is unlawful for an employer to dismiss a worker or stifle a promotion based on menopausal status.
Whilst menopause is now far more in the forefront of discussions, there remains a general lack of factual knowledge about menopause, not just in workplaces but in society generally. This situation is exacerbated as menopausal symptoms and their effects can be easy to miss or misunderstand.
Menopause training sessions, such as those led by Henpicked: Menopause in the Workplace, are regularly delivered to give employers and workforces guidance and support. Employees often come to training sessions because they believe menopause is on the horizon. But shortly into the session they recognise the symptoms being discussed and realise they’re already in the heart of it!
Line managers frequently report they simply don’t understand enough about menopause and its symptoms. They don’t know what to look out for and are unclear how to support an employee who is struggling. This is a considerable risk to organisations as well as the managers in not appreciating or upholding their responsibilities as well as support their team members.
Menopause in the workplace action points
The following points highlight the best practice areas for a menopause in the workplace action plan:
- Encourage an environment of openness and transparency where everyone can talk about menopause.
- Raise awareness, understanding and education of the menopause.
- Create accessible, well-publicised policy or guidance documents for colleagues and line managers.
- Ensure employees feel comfortable talking to their line managers and, equally important, that managers feel confident to have supportive conversations with employees. Make sure both have access to occupational health, if needed.
- Offer appropriate reasonable adjustments and support, bearing in mind that everyone experiences menopause differently. Many organisations also create risk assessments to help understand the risks and solutions, particularly where the environment or work is potentially dangerous.
- Give clear consideration to menopause-related symptoms and how these may be compounded in the workplace environment, e.g. facilities and uniforms.
Menopause in the workplace is clearly a health and safety issue and employers need to act responsibly to care for their employees. The very best place for employers to start is with workplace education and training. From here, insight, guidance, support and empathy will evolve to help those working through menopause to bring their best selves to work.
IOSH Managing Occupational Health and Wellbeing, brought to you by International Workplace, is suitable for managers and supervisors working in any sector and for any organisation. It's designed to provide them with the tools and techniques to improve health and wellbeing in the organisation.
The course is broken down into four main modules followed by a multiple choice online assessment and a workplace project, taking approximately six hours to complete.
It's accredited by the Institution of Occupational Safety and Health (IOSH), the market-leading designer of manager courses for safety, health and wellbeing. So once your learners successfully complete the course, they will be issued with an official IOSH certification. Find out more here.
related content
