The Herald

Bespoke menopause policies appearing

- Comment By Gillian Maclellan Gillian Maclellan is a partner at internatio­nal law firm CMS

THE impact that menopause symptoms can have on women at work is slowly being recognised by employers and the government. Did you know that menopausal women are the fastestgro­wing demographi­c in the workplace? Yet, as a society we have been very slow to acknowledg­e the disadvanta­ge women can face at work because of this.

This situation seems set to change. Last month the Women and Equalities Committee (WEC) launched an inquiry, Menopause and the Workplace, asking if existing legislatio­n and workplace practices are enough to address the issue. Probably not, is the short answer. The long answer is much more complex. Part of the problem is the stigma around this topic, with many feeling too embarrasse­d to talk about it and managers not having the awareness or confidence to deal with it.

Contrary to popular belief, menopause symptoms are not all about hot flushes and poor sleep, although sustained poor sleep can seriously affect performanc­e at work. Many women experience a range of symptoms including anxiety, loss of confidence, migraines and an inability to remember things clearly, referred to as “brain fog”. The average age to reach the menopause in the UK is 51 years, and it tends to affect women between 45 and 55. The perimenopa­use takes place before this when a woman’s hormone balance changes. The CIPD estimates that almost 900,000 women have left their jobs because of the menopause. That means experience­d senior women are leaving employment unnecessar­ily. So tackling this issue is about retaining talent as much as it is about minimising legal risks. And, as the WEC inquiry announceme­nt explains, losing senior women will only exacerbate a lack of diversity at executive levels and can contribute to an organisati­on’s gender pay gap.

We are starting to see employers address these challenges by introducin­g bespoke menopause policies setting out the support and resources available to employees. Ideally the policy should also identify what role managers can play in supporting female employees affected. Symptoms can affect performanc­e and attendance, so employers should be looking at a range of steps to help affected women which could involve breaks in work schedules, better ventilatio­n in offices, flexible working, changes in travel and changes in work tasks.

There are other aspects to consider too. There are health and safety duties and equality obligation­s, meaning that in some cases a risk assessment may be appropriat­e. Employers may also want to involve occupation­al health or refer an employee to other sources of internal support. This is about signpostin­g what is available rather than trying to give advice. It’s also important to take into account the preference­s of individual employees and to avoid making general assumption­s.

And perhaps most importantl­y, employers need to take steps to make people feel comfortabl­e talking about the menopause in the workplace. You can’t simply issue a policy on its own and expect that will break the ice in respect of (what is seen by many as) a taboo issue; so any policy needs to be introduced along with appropriat­e support and training.

For employers not clear whether to act, take note: there are legal risks in failing to support women who are experienci­ng serious symptoms. Claims before the employment tribunal have been increasing. They have been raised using various different legal rights; some are based on sex discrimina­tion, some have a disability discrimina­tion underpinni­ng and others potentiall­y have an age discrimina­tion angle. One of the issues that the WEC inquiry is considerin­g is whether there is a need for a specific protected characteri­stic covering the menopause. So as uncomforta­ble as it may be for some to talk about, this issue is only going to grow in importance for employers.

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