Be menopause aware and reap the potential benefits - Mandy Laurie

For all the significant – albeit still insufficient – advancements on gender equality in recent years, one area of female health where further progress is required in the workplace is menopause.

The subject of menopause remains a taboo subject in many workplaces, which is strange considering it affects half the population. However, societal attitudes are changing and menopause presents an increasing risk of tribunal action for employers who get it wrong – and a big opportunity for those who get it right.

Although not a protected characteristic in its own right under the Equality Act 2010, last month an employment tribunal appeal panel overturned an earlier tribunal decision and confirmed that menopause symptoms can amount to a disability – one of the nine protected characteristics prescribed by the legislation.

The case centres on the experience of Maria Rooney, an employee of Leicester City Council, who sued for workplace discrimination after she received formal warnings over absences from work despite her employer being aware she was experiencing symptoms of menopause – including low mood, anxiety, mood swings, effects on memory and poor concentration.

Mandy Laurie is a Partner, Burness Paull LLP

Managers were also said to have made inappropriate comments about her symptoms.

The Equality and Human Rights Commission (EHRC) supported Ms Rooney, with the organisation’s chairwoman, Baroness Falkner of Margravine, telling employers that “they have a responsibility to support employees going through the menopause — it is to their benefit to do so, and the benefit of the wider workforce. Every employer should take note of this hearing”.

Ms Rooney’s case is now back with the tribunal to hear the claim that she was discriminated against, harassed and victimised by council managers on the grounds of disability and sex.

The ruling in this potentially significant decision that will help shape the law in this area is expected very soon.

Ms Rooney’s case is the latest in a line of menopause-related employment tribunals.

In September, an employee of a major insurance company received £65,000 compensation after her manager was found to have ignored her menopause symptoms and penalised her for underperforming.

The same month, an office worker with an Aberdeenshire engineering firm was awarded £37,400 by an employment tribunal after she sued her employer for unfair dismissal and harassment due to menopause.

In the current context, any employer who fails to educate its workforce and provide support to menopausal people should ready themselves for tribunal action.

However, viewing menopause purely through a risk-based lens is negative and short-sighted. Approaching it in the right way can bring considerable opportunity from a cultural and talent attraction and retention perspective.

The 2022 Menopause and the Workplace report by the Fawcett Society and Channel 4 found that ten per cent of women aged 45-55 have left work because of symptoms of the menopause, while 14 per cent had reduced their hours and eight per cent had not applied for a promotion because of symptoms.

Talent being lost or stifled at this stage of life does not help anyone. Women in this age group often bring considerable experience and are more likely to hold senior, well-paid roles.

Therefore, talent from this cohort can help employers to not only strengthen their teams, but also close their gender pay gap – a focus for many organisations.

Simple steps such as flexible working policies, changes to dress code, and encouraging open conversations will go a long way to ensuring that employees experiencing menopause feel supported.

As Menopause Awareness Month comes to an end, what better prompt to review your policies?

Mandy Laurie is a Partner, Burness Paull LLP