Menopause at work: Rights of a woman
HOW THE LAW PROTECTS EMPLOYEES FACING BIAS
MENOPAUSE happens to women between the ages of 45 to 55, but it can occur later or earlier.
Figures from health consultant Peppy1 have found 85 per cent of women in the UK workplace experience menopause symptoms, and one in four have considered quitting because of these symptoms.
There are approximately 35 million women aged over 50 in the workplace and menopause symptoms can have an impact on women and their company’s organisational management.
Women with menopause can experience symptoms such as night sweats, hot flushes, headaches, mood changes and memory and concentration problems.
Fortunately, there are provisions in the Equality Act 2010 which protect workers against discrimination based on their age, disability or sex.
The Health and Safety at Work Act 1974 also provides for safe working, including when an employee is experiencing menopausal symptoms. Under the Equality Act, employees are protected from discrimination – for sex, age or disability – this can apply to women who have been treated unfairly due to menopause.
In July 2021, the Women and Equalities Committee began an inquiry seeking to understand if the legislation we currently have goes far enough to support women at work. It also sought to understand the extent of discrimination experienced by menopausal women in the workplace and how workplace practices and government policy can better support them.
Indeed, an increasing number of women are taking their employers to the employment tribunal, citing menopause as proof of direct sex discrimination or unfair dismissal. One woman suffering hot flushes and broken sleep won her case in Birmingham as the judge ruled she was disabled by reason of the menopause.
How can my employer support me?
If you are suffering menopausal symptoms, then your organisation can help you by improving their workplace environment.
Your employer could provide a suitable place to rest, cold drinking water, ensure toilet facilities are within easy reach, and improve temperature control and ventilation.
They should also consider the policies
they already have and if they are comprehensive enough to handle any issues that may arise. The Advisory, Conciliation and Arbitration Service (ACAS) has guidance about how your employer should manage the effects of menopause at work.
Your manager should also support you by ensuring you feel confident to approach them to discuss the support you need and understand how menopause can affect someone.
If you have to take time off because of your symptoms, your employer should manage this.
Time off from work because of menopause-related
problems should be recorded in a way that distinguishes it from other absences.
I feel I am being treated unfairly at work, what are my rights?
There are several avenues you can take if you feel you’ve been unfairly treated or dismissed because of your menopause symptoms. If you take your claim to the employment tribunal, you could argue sex discrimination, disability discrimination or age discrimination, which are all covered under the Equality Act.
If your employer treated your menopause symptoms less seriously than they would a male worker’s health condition, it could lead to a sex discrimination claim.
Banter, ridicule or unwanted comments could amount to harassment or sexual harassment depending on the behaviour.
If your menopause is having an adverse effect on your normal day-to-day activities, and you were dismissed by your employer, an employment tribunal may accept a disability argument.
An employer is required to make reasonable adjustments to account for an employee’s disability, such as through flexible working policies.
Employers must be aware of the possibility of direct or indirect age discrimination, depending on how they deal with your menopause symptoms, or what policies they have in place. If you feel you’ve been treated unfairly, it is best to get advice from an employment solicitor. 1. peppy.health/what-we-do/menopause/
Lubna Shuja is the vice-president of the Law Society of England and Wales. She will become the first Asian president in October 2022 and the seventh female president when she takes office.