Women hold employers to account over menopause
‘Davina effect’ and a shift in public attitude have led to a rise in people taking their bosses to tribunals
For Humdinger Limited, a Yorkshire supplier of fruit and nut snacks, a woman’s decision to undo her top button was, it seemed, a step too far.
The middle-aged employee had told managers on their Hull production line she was suffering from menopausal hot flushes, causing her to sweat and become dizzy.
Yet after Ablina Sokolova loosened her overalls, the subsequent altercation ended up in a tribunal – becoming one in a wave of cases hitting Britain’s courts.
The word “menopause” came up 207 times in employment tribunals in England and Wales last year – up 75 per cent on the 118 mentions the previous year, research shows.
Overall, the number of tribunals relating to such matters has tripled in two years, as women take legal action over unfair dismissal, disability or sex discrimination, with regard to the way employers handled their menopause.
This reflects a shift in public attitudes, and an openness about a once taboo subject. But it also highlights a growing impatience that women’s health has often been marginalised, with issues ignored until they reach a state of crisis.
HRT shortages are a case in point – the number of monthly prescriptions issued has doubled in the past five years. Much of it comes down to the “Davina effect”, as women increasingly came forward for help after celebrities like Davina Mccall went public about their struggles. Manufacturers have failed to keep up with demand, and supply problems have fuelled such severe shortages that the Health Secretary set up an HRT taskforce and introduced rationing measures.
Dee Murray, founder of Menopause Experts Group, has said that for too long, menopausal women have been the “butt of people’s jokes” – especially in the workplace. She said: “It’s all very sexist, in the way that we used to hear ‘What’s the matter with you, are you premenstrual?’ if women are seen as being a bit stroppy – it’s often the same with the menopause.”
Ms Murray said companies need to do more for middle-aged women, adding: “Sometimes it’s about just being able to know they can have a day working from home, so that if they have a hot flush, no-one is going to take the mickey out of them.
“If they are suffering heavy bleeding or flooding, that they can just deal with it, rather than having it happen in the workplace where the embarrassment is insufferable.”
Ms Murray has seen “a real movement” in many companies, as more women take on their bosses and
‘For too long, menopausal women have been the butt of people’s jokes – especially in the workplace’
seek adjustments to help them cope with symptoms. The group’s analysis of employment tribunal cases in the past five years shows the menopause was cited just seven times in 2017.
In the case of Ms Sokolova, she claimed for unfair dismissal, direct race discrimination and indirect sex and race discrimination. She won the race case, which centred on the decision of her Hull employer to introduce a policy of only speaking English in the workplace. But she was less successful in arguing against the way Humdinger handled her menopausal symptoms – which reached a flashpoint in 2020 when she was reprimanded for opening the top button of regulation overalls.
Last June, the tribunal dismissed the company’s claims that the requirement to wear a buttoned up garment was no worse for women than men, ruling that the policy had left Ms Sokolova subject to disadvantage during hot flushes. But the jury said wearing
‘Menopause symptoms can be debilitating and this can make women’s daily lives challenging, impacting them whilst at work’
buttoned-up overalls was still required on health and safety grounds, and the company should have given her priority access to an electric fan.
Anne-marie Mcmahon, 49, from Swinton, in Salford, brought a claim of disability discrimination and sex discrimination after she was dismissed by her employers, a firm of solicitors, in 2019. She said at first she had tried to hide menopause symptoms, which resulted in a number of absences and attempts to make up her hours.
When she finally told employers at Rothwell & Evans solicitors about her problems, they thanked her for making them aware but called it a case of “too much information”, a tribunal heard.
A judge dismissed the claims, saying many of the absences did not relate to menopausal symptoms. Ms Mcmahon said she now believes menopause “should be recognised as a protected characteristic”.
The Commons’ women and equalities committee will soon publish the findings of an inquiry into menopause and the workplace. Adam Pavey, an employment lawyer, hopes the findings will recommend improvements to how employers handle their responsibilities.
Currently, those arguing menopause cases can attempt to do so on grounds of sex or disability discrimination. But many argue that the lack of clarity in this area is a reason cases are often lost. Mr Pavey is not sure that making menopause a protected characteristic – in the same way as age, disability and sexual orientation – is the way forward. He said: “It is difficult to enforce and monitor, so the committee could push for a requirement that all employers have a menopause policy or a code of conduct, and increase penalties for firms that do not comply.”
Sajid Javid, the Health Secretary, last night urged employers to do more for female staff.
He said: “We know that menopause can affect all women differently – but for some, its symptoms can be debilitating and this can make women’s daily lives challenging, impacting them whilst at work. The NHS offers great advice for anyone going through the menopause, but it’s crucial women also feel confident asking for support at work.”