Why Menopause Matters to HR Professional Jo Jinks, Schofield & Associates

Menopause in the Workplace

In over 20 years of being in HR, I have a real passion for engaging staff and ensuring that they are treated equitably and fairly in the workplace. Menopause has been a taboo subject for so long but has contributed to life changing events for employees, who many have struggled through or had to give up work because their symptoms were so severe and this is why I feel raising awareness within businesses and with staff is so important.

I can honestly say that the past 18 months is the only time that menopause in the workplace has been discussed either by myself or my colleagues in HR.  However, looking back its only now I can really observe the impact that perimenopause and menopause symptoms have had on a woman’s ability to carry out her role.

What’s HR’s role in this?

 We have a moral and professional responsibility to challenge the taboo and the break the silence. 

 As with mental health, it is the role of the HR professional to raise awareness of Perimenopause and Menopause symptoms and how these affect employees in their life and in the workplace.   We should be aiming to educate and empower manager and leaders through knowledge and training so they have the skills to be able to support their teams. 

A little education goes a long way!

Some organisations have gone as far as implementing a Menopause Policy.  I believe, as with mental health, the perimenopause and menopause condition should be embedded in existing Equality, Diversity and Inclusion policies and Mental Health First Aiders should be trained to help and support their fellow employees who may be experiencing symptoms that are affecting them at work.

Just as we would ensure that a risk assessment is undertaken when someone is pregnant, HR should ensure that the health and safety implications are considered.  We should be encouraging our businesses to ensure that the workplace and our employment practices do not worsen menopausal symptoms. 

According to the Government Report on Menopause, ‘menopausal women are the fastest growing workforce demographic’, which is highlighted by the Office of National Statistics.  The largest percentage of women in the workforce are aged 50 or over which is also the average age of a women going through menopause. 

 Employment Law Implications

In Employment Law terms the Equality Act 2020 legally protects people from discrimination in the workplace. 

The Health and Safety at Work Act ensures that an employee’s work environment is appropriately safe for the role they are carrying out and that their welfare is treated as a top priority (consider things such as the physical environment temperature, toilet and handwashing facilities, PPE, etc).  Therefore, an Employer has the legal duty to ensure working conditions don’t exacerbate someone’s symptoms.

There have been a number of successful claims at Tribunal. In the case of Merchant v BT   The Employer (BT) dismissed the Ms Merchant for poor performance without investigating her menopausal symptoms.  The employee had told her manager that her menopause was affecting her concentration.  In this case the Employer was found to have discriminated against the employee on grounds of her sex. 

It is likely that harassment claims could increase if it can be shown that unwanted comments are made about menopause under the guise of ‘banter’ or simply due to ignorance and complaints are made which show that the core of the banter was in connection with one of the many symptoms of the menopause or the perimenopause.

If a woman’s menopausal symptoms meet the criteria under the Equality Act , then a failure to make reasonable adjustments could result in a successful claim being made against the Employer on the grounds of  discrimination.