PROPOSAL TO INTRODUCE MENOPAUSE LEGISLATION

According to MPs, women could be forced out of their employment if the proposed laws were passed, which would have declared menopause a protected characteristic, like age or race, and enacted a workplace menopause leave policy in England. They added they were wary of creating ‘discrimination risks towards men suffering from long-term medical conditions, or eroding existing protections’.

A 2019 survey conducted by the Chartered Institute for Personnel and Development (CIPD) found that three in five menopausal women, usually aged between 45 and 55, were negatively affected at work and that almost 900,000 women in the UK left their jobs over an undefined period of time because of menopausal symptoms.

The Women and Equalities Committee, chaired by Conservative MP Caroline Nokes, produced the report with the recommendations and called the rejection a “missed opportunity to protect vast numbers of talented and experienced women from leaving the workforce”.

WHAT ARE YOUR WORKPLACE RIGHTS WHEN IT COMES TO MENOPAUSE?

Kate Palmer, HR advice & consultancy director at Peninsula, says that despite the outcome, businesses still have a responsibility to assist their employees who are going through menopause.

“Many will be disappointed by this decision as it had been hoped that shining a spotlight on the issues faced by many employees going through menopause would bring some real change,” she says.

“Given that the menopause will impact approximately half of the population at some point in their lives, the majority of whom will be of working age, the decision to bench these proposals may seem a step backward in the fight for gender equality. However, this doesn’t mean that employers can ignore menopause.”

Although menopause will not be a separate protected characteristic under the Equality Act 2010, affected employees will still be protected under existing characteristics such as age, disability, gender reassignment, or sex.

‘‘First, any health condition, including the menopause, may be considered a disability under the Equality Act if its symptoms cause a substantial and long-term adverse effect on the employee’s ability to carry out normal day-to-day activities. Also, since only females, and those assigned female at birth, are affected by menopause, placing an employee at a disadvantage for a women’s health issue could amount to sex discrimination or harassment.’’

If an employee suffers from severe menopausal symptoms that have a significant impact on their life, then they may be able to request sick leave.

Menopause Policies Can Help Support Employees

Businesses could also support their staff by introducing menopause-specific policies. For example, offering hybrid working arrangements and flexi-hours may allow employees to remain comfortable and continue working without losing out on pay or work projects.

“Similarly, discounting any periods of menopauserelated absence from disciplinary procedures and creating a culture of open communication will enable employees to reach out to their employer if they are struggling,” says Palmer. “Agreed, tailored adjustments will directly alleviate any discomfort they experience. Many employees will not want to take time off work, so creating an environment where health discussions are welcomed, and adjustments expected, can be a win-win solution for all.”

Supporting Employees Benefits Businesses

It’s important to remember that protecting employees and supporting them in the workplace is in the best interests of businesses too.

“Introducing a contractual entitlement to menopause leave could help affected employees,” says Kate. “Menopause can be a difficult time for employees. Many report feelings of embarrassment and discomfort about having related discussions, in addition to the physical and emotional symptoms typically associated with this period,” adds Palmer.

“As such, it’s important that employers are adequately trained in first holding these conversations before they can consider providing effective support to affected individuals.”

Menopause policies can further highlight the steps employees should take, and the support measures which are available, should they need them.

“Doing so can help increase staff retention, reduce recruitment expenses, improve productivity, happiness, and wellbeing, and ensure a more diverse workforce,” says Palmer.

On the back of so many topics covered in Dynamic, here is some suggested reading if you wish to delve deeper into each subject