A recent study found that the menopause is still a difficult topic in the workplace, and that 2/3rds of managers don’t understand the legal risks and obligations in relation to the menopause.
In his latest article, Employment Solicitor Chris Dobbs looks at this study in greater detail and provides advice for employers regarding menopause in the workplace.
Menopause is a difficult topic, according to a recent study
The menopause at work continues to be a difficult topic for many businesses despite a string of recent and sometimes high-profile cases arising from dismissal and discrimination connected with menopause symptoms.
A recent survey commissioned by WorkNest found that:
- 15% of respondents felt the menopause was something discussed openly in the workplace
- 68% of managers did not understand the legal risks and obligations on them in managing staff going through the menopause
- 30% of managers and staff were reluctant to discuss the menopause at work at all
Why does this matter?
The menopause is a workplace issue whether it is something people are willing to discuss as one or not.
The number of people of menopausal age who are experiencing the effects of the menopause in the workplace is increasing, so there is simply a greater number of workers directly affected by it.
Where more people are affected by a particular issue, it is much more likely that problems associated with it will start to arise and, logically, a greater number of people are therefore eligible to bring associated claims.
By not creating a workplace environment where discussions can be had, employers are setting themselves up for potential claims in the future.
Menopause in Employment: What are the legal risks?
A worker who thinks they are being mistreated or that the effect the menopause is having on them is being disregarded may look to raise a grievance. If that does not resolve the problem, an employer could find themselves faced with a claim for constructive dismissal.
Beyond that, while the menopause is not itself a protected characteristic under the Equality Act, case law tells us that the menopause can be treated as relating to the protected characteristics of age, sex and disability.
Awards for successful discrimination claims are uncapped in law and employers should also be aware that menopause claims are particularly well-followed at present so there is always the risk of negative publicity from such a claim.
More detail on the nature and risk of claims
A specialist Employment Solicitor’s View
Chris Dobbs, Employment Solicitor at Frettens, said: “The menopause itself is clearly nothing new but attitudes towards it are changing.
The trend for claims is on the rise and so this is something which employers have to take more seriously as those experiencing its effects feel more confident in asking for support and discussing their experiences.
A slightly embarrassed manager is going to be no more successful as a defence here than in any other kind of discrimination claim.”
What’s our advice for employers?
Chris continues: “While we don’t necessarily advocate a specific policy, business-wide steps taken to raise awareness of both the effects and the support available is a helpful place to start.”
We discussed menopause in more detail in our topical discrimination issues seminar. You can watch that video back below.
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