Menopause In The Workplace: Legal Considerations And Best Practice In Supporting Employees

Laura Kearsley

Reading time: 4 minutes

As an employer, understanding and supporting your workforce through various life stages is important for maintaining productivity, retaining talent, and creating a positive work environment.

With World Menopause Day approaching, it’s crucial to examine how you can support your female employees through this natural transition while ensuring compliance with employment law and fostering a productive work environment.

Understanding menopause: beyond hormone replacement therapy

While hormone replacement therapy (HRT) is the theme of this year’s World Menopause Day, it’s essential to recognise that it’s not a universal solution. As employers, it is vital you are cautious about presenting HRT as a solution for menopause-related workplace issues. Many women may be unable to use HRT due to medical contraindications, and its efficacy varies among individuals. As an employer, it is important you are aware of this.

Legal implications of menopause in the workplace

As an employer, you should be aware that menopause-related issues could potentially fall under the protection of the Equality Act 2010. Failure to provide adequate support could lead to claims of sex discrimination, age discrimination, or disability discrimination if symptoms are severe and long-lasting.

Implementing reasonable adjustments

Under the Equality Act, employers have a duty to make reasonable adjustments for employees with a disability. While menopause itself is not classed as a disability, severe symptoms could meet the legal definition. Consider the following adjustments:

  1. Flexible working hours to accommodate sleep disturbances
  2. Temperature control measures, such as desk fans or adjustable thermostats
  3. Relaxed dress codes to manage hot flushes
  4. Additional breaks or quiet spaces for rest and recovery

Education and training

It’s important that not only employers but also managers have an understanding of menopause and ways that they can support their staff, it may be worth implementing training:

  1. For managers and the HR team on menopause awareness and support strategies
  2. Provide information sessions for all staff to foster understanding and reduce stigma
  3. Develop clear policies on menopause support, outlining available resources and accommodations

Occupational health support

Utilise occupational health services to:

  1. Assess individual needs and recommend appropriate adjustments
  2. Provide confidential support and advice to employees
  3. Assist in developing return-to-work plans for those who have taken leave due to severe symptoms

However, you must ensure that all menopause-related discussions and accommodations are handled with the utmost confidentiality, in compliance with GDPR and data protection regulations.

Comment

By implementing comprehensive menopause support strategies, employers can not only mitigate legal risks but also demonstrate their commitment to equality and inclusivity. This approach will help retain valuable female talent, enhance productivity, and set a positive example for the organisation as a whole.

Remember, supporting employees through menopause is not just a matter of compliance—it’s an opportunity to showcase your organisation’s dedication to employee wellbeing and progressive workplace practices.

How can we help?Menopause In The Workplace

Laura Kearsley is a Partner in our expert Employment Law team.

If you require any advice in relation to menopause in the workplace or any related subjects, please contact Laura or another member of the team in DerbyLeicester or Nottingham on 0800 024 1976 or via our online form.

Contact us

 

Contact us today

We're here to help.

Call us on 0800 024 1976

Main Contact Form

Used on contact page

  • Email us