The number of Employment Tribunal cases, which cite menopause as the reason for unfair dismissal and direct discrimination have increased in the last three years. It’s encouraging that awareness of the need to support employees experiencing the menopause is growing. As this awareness grows, it’s important for employers to be alive to the equalities and business risks of failing to support employees experiencing menopause symptoms, particularly those whose symptoms are severe and prolonged.

To coincide with this year’s World Menopause Day, on 18 October 2023, the Department for Work and Pensions published, ‘No Time to Step Back’ – a policy paper summarising the work undertaken by the government’s Menopause Employment Champion since her appointment in March 2023. It sets out a Four Point Plan to improve workplace menopause support:

sharing best practice within sectors via a portal;
launching a sector-specific allyship programme;
“menopause friendly employers” to advocate within a sector;
a sector-based communications plan.

Helen Donnelly is a Senior Associate, TLT

Alongside the Four Point Plan, the government has launched a new Help to Grow website for employers which collates information and guides on creating a menopause-friendly workplace.

Employers have a general duty to ensure the health, safety and welfare of employees, which covers the full spectrum of women’s health-related issues, including menopause. Employers also have a legal duty to carry out suitable and sufficient risk assessments and these should consider what arrangements an employer could reasonably put in place to help alleviate the impact of menopause symptoms. Acas guidance suggests, for example, temperature and ventilation, providing cold drinking water and training managers.

There is no one-size-fits-all approach. For some, menopause symptoms can be so severe and long-term that they satisfy the definition of a disability in the Equality Act 2010. This would trigger protection from discrimination and an employer’s duty to make reasonable adjustments.

To do list for employers

Create a culture where employees can talk about symptoms and challenges related to the menopause.
Review the resources and business cases for providing menopause support on the Help to Grow website.
Equip line managers with the right knowledge to effectively support employees in the right way. Chairwoman of the Equality and Human Rights Commission (EHRC), Baroness Kishwer Falkner said the EHRC will launch new guidance for employers in relation to the treatment of staff experiencing the menopause.
Keep a watching brief for the first phase of the Four Point Plan outlined above. Currently this is being rolled out in hospitality, retail, care, manufacturing and professional and technical.
Ensure reasonable adjustments are put in place – for example, allowing extra toilet breaks, allowing employees to order desk fans and adjusting existing workplace policies and procedures, performance management and sickness absence procedures.
Make small adjustments such as provision of sanitary items in the workplace bathroom, providing better ventilation/desk fan, to make a huge difference to employees during this transitionary period.
Consider implementing a menopause policy. There are many useful toolkits available to support businesses develop and implement effective policies. For example, the CIPD provides a toolkit outlining how employers can create menopause policies.

For more information on supporting employees through the menopause, including guidance on developing a menopause policy, see TLT Menopause Toolkit.pdf

Helen Donnelly is a Senior Associate, TLT

Workplaces must be made menopause-friendly - Helen Donnelly