DORSET BUSINESS FOCUS / BUSINESS PARTNER NEWS
Menopause in the workplace getting the business case right
Emma Starmer, Senior Employment Law & HR Advisor at Lester Aldridge
The menopause has traditionally been one of the last ‘taboo’ subject in the workplace, but this is changing. Research suggests that menopausal women are the fastest growing workforce demographic. They may represent a large proportion of your experienced and valuable workforce. Some women will sail through menopause with very few symptoms, whereas others may be severely impacted in every part of their life, including their work life. These symptoms can last many years. Although it is a natural process, sadly, many women feel they are not able to manage this stage of their life at work, and may take a step back from their careers or even leave the business entirely if they do not get the support they need. By taking steps to address this subject, and improve the experience menopausal women have at work, you not only help those employees directly, but also their colleagues and their families, as well as showing good practice, improving retention rates and the reputation of your business. The menopause usually occurs between 45 and 55 years of age, but can be much earlier for a variety of reasons. We have addressed the legal ‘duty of care’ that employers have for their employees, and the need to manage risk to people’s health and safety at work in previous articles, but this responsibility will cover menopausal women in the same way as the whole of your workforce. Management of Health and Safety at Work Regulations impose a duty on employers to carry out a suitable and sufficient assessment of the risks to the health and safety of employees in their workplace, and risk assessments may be a helpful way of identifying and minimising risk to menopausal women in your organisation. In addition, the Health and Safety at Work Act imposes a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees at work. Not dealing with menopause properly, and failing to protect those people going through it, can lead to expensive claims (remember that discrimination claims have uncapped compensation pay outs) and in some cases the potential for personal liability. Other legal issues and claims may also arise, including claims for unfair constructive dismissal. Employees will have contractual rights and there will be an implied term of mutual trust and confidence between you and your employees, so ignoring the impact of menopause can be risky. Protection from discrimination is set out in the Equality Act 2010, which lists a series of ‘protected characteristics’. These characteristics include Sex, Disability and Age, all of which may apply in the context of menopause. Whilst we would not say that the menopause itself indicates a ‘disability’, it is important to note that certain symptoms experienced by some over a long period of time may amount to disabilities. 14
Sept 2021 | Dorset Business Focus
Types of discrimination
Harassment Unwanted conduct which violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation Treated less favourably as a result of making a complaint about discrimination. Failure to make reasonable adjustments Failing to take steps to reduce the effects impact of disability. Best practice – What should businesses be doing? Business leaders are starting to see the benefits of supporting their employees through this stage in their life, by providing training and introducing helpful policies and processes. This does not need to be a complex or costly exercise. We would suggest considering the following: Awareness Raising awareness and understanding of menopause with your line managers, HR teams and employees is an important starting point, and shows that the subject has toplevel support from your senior management team, and helps remove the historic view that this subject is off limits in the workplace. Perhaps consider circulating helpful articles or create an internal support group so that those impacted have a place to raise any concerns (involving your HR team in any support group would be helpful in identifying any trends that may pose a risk of employee complaints or claims). There are also some excellent on-line support pages and networks that you could highlight to your employees for further guidance. Knowledge Accessible and well publicised policy or guidance documents relating to the menopause should be introduced. It is important to consider the interaction with your existing policies such as equality diversity and inclusion, sickness absence and performance management. Consider whether to include related questions in staff surveys – this helps you identify where improvements can be made. Support Encourage supportive, open conversations about the impact the menopause may be having, showing awareness and understanding. Ensure confidentiality is maintained during any discussions, and remember that every women will experience their menopause differently. Do not assume that all women will need or want additional support, but if they do, do not ignore their needs. Do not provide medical advice or attempt to ‘diagnose’ symptoms – if you have access to /company/dorset-chamber/
occupational health or employee support lines, make these available to your staff, and ensure that your line managers are aware of the services they can provide and when to encourage GP support. If appropriate in your organisation, provide training and guidance specifically to your mental health first aiders and ensure that your staff know how to contact them for help. Practical Steps Consider the physical working environment and the facilities available. Do you need to consider making any ‘reasonable adjustments’ to ensure that individuals can remain working comfortably and effectively? Symptoms experienced during menopause can include physical aches and pains, fatigue, hot flushes, night sweats, insomnia, low mood, anxiety, changes in strength and balance, reduced bone density, weight gain and ‘brain fog’. Although few women will experience all these symptoms all at the same time, it is clear that some have the potential to impact work. Some of these steps may be simple, for example providing desk fans, opening windows to allow increased air flow or allowing individuals to adjust their workstation to suit their needs. Dress codes and uniform policies may need to be adjusted to allow individuals to dress appropriately to manage their body temperature, whilst also ensuring that business and safety needs are met. These revisions are likely to help all your staff, but particularly those that are experiencing fluctuating body temperatures. Likewise, providing washing and showering facilities where possible could help your employees manage their symptoms during the day. Fatigue, anxiety and ‘brain fog’ can impact some women during the menopause. It may be beneficial to allow more flexibility in the timing of rest breaks to allow individuals to manage their day according to the severity of their symptoms. Women can experience panic attacks and a reduction in their confidence during menopause. If you offer counselling facilities or external help-lines these can be helpful. If not, a more flexible approach to one-to-one meetings can assist in encouraging individuals to talk to their line managers and make suggestions as to what may help them. As with a variety of work/life stages, situations can be significantly improved by enabling open discussion, treating people fairly and providing suitable levels of training and guidance via a range of appropriate policies and workplace practices.
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