7 minute read
Menopause Matters
Menopause Matters
Everyone experiences menopause, both men and women. It is not only those women going through the process, but includes their partners, friends and colleagues. This means that it is in everyone’s interest to find ways to help women alleviate their symptoms, work in a supportive environment and ensure that talent is retained. It needs to be understood that it is not only a question of sourcing and using hormone replacement therapy (HRT), particularly because this is not suitable for everybody and carries risks. It is important that the employer takes the initiative, as part of an inclusive and constructive workplace culture which most say they are seeking to cultivate.
The perimenopause phase can last for many years and ends in the menopause, which is when menstrual bleeding finally stops. There are about seventy identified symptoms, ranging from the typical hot flushes and night sweats to brain fog, anxiety and even a raised risk of depression, diabetes and coronary heart disease. None of these symptoms, let alone facing many at the same time, make it easy for women who are working in high performance jobs and pressurized environments such as law.
Creation of #menopausematters
Lucie Allen, Managing Director at BARBRI, shared her menopause experience on LinkedIn, which led to an outpouring of support. (Lucie Allen writes about her experience below).
Several likeminded women, most of whom work in or are connected to the legal profession, met together a few weeks later, and resolved to do something tangible to raise awareness. All of us agreed that more needed to be done to destigmatise menopause and draw attention to the vast and often debilitating periodic effects, and so #Menopausematters was created.
One of the members of our #Menopausematters group, Silvia Van den Bruel, Marketing and BD at Hausfeld, highlighted the need for an employer to step up:
“I felt I could not tell anyone about the impact of my menopause. Who would understand? Law and finance are male-dominated environments. There are already so many aspects where women have to prove that they are as good as, if not better, than men so why give more ammunition? This is why the initiative to create a menopause-friendly environment HAS to come from the employer.”
It should be acknowledged that with the current age demographic in the UK, menopausal women are the fastest growing section of the workforce, so employers need to act or risk losing talent. There are plenty of small and practical things that can be done to improve the workplace environment and show compassion. By taking these steps is it more likely that women will remain in their jobs, continuing to contribute to the success of the company and riding the wave of their menopause in a kinder and more bearable way.
EHRC Guidance
In February 2024 the Equality and Human Rights Commission (EHRC) published guidance for employers on menopause in the workplace, explaining their legal obligations to support workers experiencing menopause and confirming that in some cases, there is a requirement to provide reasonable adjustments. The guidance references compelling research which reveals the very high percentage of women who struggle with concentration, experience stress and for 10 percent of those who responded, left the workplace altogether due to menopause symptoms.
Crucially, the guidance reminds employers that in certain circumstances the symptoms may amount to a disability, triggering important legal obligations:
“If menopause symptoms have a long term and substantial impact on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability. If menopause symptoms amount to a disability, an employer will be under a legal obligation to make reasonable adjustments. They will also be under a legal obligation to not directly or indirectly discriminate because of the disability or subject the woman to discrimination arising from disability.”
Guidance: Seven things you should know about menopause in the workplace
The #Menopausematters ‘Seven things you should know about menopause in the workplace’ guidance was published in June 2024, and is designed to be accessible, and easy to implement. It contains seven headlines, with accompanying tips for the workplace, in addition to personal stories from those involved, suggestions for what ‘you can do’, a policy template and links to resources published by other entities, including the EHRC (referenced above) and the NHS.
Tips for the workplace and employers include,
• creating a supportive culture helps menopausal employees with managing their symptoms.
• create a policy, but do not look for one policy which fits all or offer a solution that only takes a limited number of symptoms or side-effects into account.
• research shows that flexible working and ability to control temperature are among the most helpful measures. After the guidance was released on social media, it received hundreds of comments and re-posts, in addition to featuring in articles in The Global Legal Post and Legal Futures. Several podcast interviews have been proposed, and further awareness raising efforts are underway to ensure visibility and continued dialogue on the issues.
What matters most to those of us experiencing this phase, is for its impact to be acknowledged and discussed without fear or embarrassment. The conversation should be normalised, and efforts made to reduce anxiety, provide support and ensure good people don’t feel compelled to leave their jobs and careers.
The legal profession can be a difficult place to work at the best of times, with long hours, gruelling intellectual demands, and significant stamina required almost every day. A lack of sleep and brain fog can create obvious issues when facing this kind of pressure, so losing confidence becomes almost inevitable.
The legal profession needs to be a leader in these issues and demonstrate clear and genuine efforts to promote diversity and inclusion in its workplaces. This includes a need to ensure gender balance at all levels of the profession and appreciate that menopause support is fundamental to professional wellbeing.
International Bar Association
The International Bar Association’s 2021 wellbeing study (and subsequent establishment of the IBA Professional Wellbeing Commission) highlighted that older women were more likely to experience more adverse mental health issues. The report recommended that, ‘developing a meaningful understanding and awareness of the needs of specific groups, and identifying effective ways to foster equality, diversity and inclusion within the legal profession globally is necessary to shape and benefit the future of law’.
Achieving gender balance at all levels of the profession should be our aim across all legal sectors. The IBA 50:50 by 2030 project shows the disparity in four legal sectors across multiple jurisdictions. The study on England and Wales showed that while 51 percent of all lawyers were female, they occupied only 32 percent of senior roles. While the experience of menopause is not a sole factor in these statistics, it will undoubtedly contribute to significant numbers of older women leaving a legal workplace, with the demands and unforgiving environment looming large in their decision. ■
Sara Carnegie
Legal Director, International Bar Association
Sara was one of the seven women who drafted the guidance, in addition to Lucie Allen, Silvia Van den Bruel, Lucinda Case, Helen Burgess, Jane Clemetson, Kate Gaskell and Lisa James.
All images and content from guide is reproduced with the kind permission of Helen Burness, Silvia Van den Bruel, Lucie Allen, Lisa James, Kate Gaskell, Lucinda Case, Jane Clemetson and Sara Carnegie.
