Employment Law: Supporting Staff through the Menopause

This summary is based on Judicium’s HR ‘Sofa Session’ from the 1st of March, with our resident expert Jenny Salero, LLB (Hons), L.P.C. This session focused on what is the menopause and how could it impact on my staff; what are our obligations as an employer; and how can I best support staff going through the menopause?

Poll 1

What is the Menopause? 

Essentially menopause is the end of a woman's reproductive cycle. Hormone levels are lowered, and it generally occurs between the ages of 45 to 55. However, some people may start the menopause earlier or begin experiencing symptoms much earlier than the suggested age group and some people can suffer medical symptoms far later than 55.

There are three stages:

1. Perimenopause

It can begin as early as 8 to 10 years prior to the menopause.

It is when hormone levels begin to drop, and a person has symptoms before their menstrual cycles have stopped.

Perimenopause lasts up until menopause

2. Menopause

An individual reaches menopause when they have not had a menstrual cycle for 12 months.

Symptoms of the menopause include mood changes, problems with memory or concentration, hot flushes, difficulty sleeping, palpitations, headaches or migraines, muscle aches and pains, and weight gain. Although not an exhaustive list, these are just examples of some of the most common symptoms people can experience.

Symptoms, severity and duration vary widely from person to person.

NB: It’s important to bear in mind this variation when talking with staff and supporting them regarding their general welfare and wellbeing as there isn't a hard and fast rule of how it may or may not affect somebody.

3. Postmenopause

This is the name given to the time after a person hasn’t had a menstrual cycle for an entire year (or the rest of your life after menopause).

Some people continue to experience menopausal symptoms for a decade or longer after the menopause transition.

Poll 2

What Does the Women and Equalities Committee Report on Menopause and the Workplace Say?

The Women and Equalities Committee published its first report on Menopause and the Workplace in July 2022.

Subsequently, the Government has published its response and recommendations in January 2023.

The recommendation by the committee to distinguish menopause as a separate protected characteristic was rejected as the Government stated there's sufficient protection from discrimination for members of staff who may be suffering symptoms of the menopause to be covered by a number of already existing protected characteristics, e.g., sex, age, disability, or potentially gender reassignment if that's applicable.

The second recommendation made by the committee was to introduce menopause leave, but it was rejected by the Government in order to focus on supporting staff to remain in the workplace with adjustments rather than to default to people taking time off.

One recommendation from the committee that was accepted in relation to the menopause, but also affects a broader scope of employment, is legislation which makes it possible for an employee to submit a flexible working request from their first day. Currently staff must have been employed for 26 weeks before they can apply to their employer to make a formal flexible working request.

The right that flexible working requests are available to all staff from the day they start employment is due to be implemented soon.

Another recommendation was for the Health and Safety Executive to publish guidance on the legal considerations when employers are supporting staff with the menopause. This has been partially accepted by the Government because the Health and Safety Executive (HSE) is due to publish principles for employers later this year.

The Government have accepted the recommendation for a menopause employment champion - an appointee to work with businesses, unions, and advisory groups to further disseminate best practice advice on how employers can continue to support their staff at work and maintain their role within the workplace. They will also provide support and guidance for staff.

Poll 3

5 Top Tips on How to Support Staff Through the Menopause

1. Introduce a menopause policy

• If you introduce a policy, train your SLT on it and disseminate it to your staff, it is helpful in sending a positive message throughout your school or Trust.
• The policy should give staff an overview of the key people or persons to speak to if they're suffering from symptoms and provide guidance for managers and staff.
• Your policy is a great way to begin the conversation about the menopause and raise awareness. (It’s good for your staff to know it’s on your radar and something you're aware of).
• There is no legal requirement to have a policy or any hard and fast rules as to what can or cannot be in the policy.

 2. Keep an open-door policy with your staff

• Ensure staff are aware you have an open-door policy and clearly state who they can speak to - whether that's a particular group or category of staff.
• It helps show staff you want to help and support them in feeling comfortable to come and talk to you.
• If staff believe they can have a supportive discussion, it makes them feel valued, understood and hopefully will allow you as their employer to put in place any support needed.
• The open-door policy gives you an opportunity to retain staff, and also hopefully avoid any lengthy periods of absence from the workplace.

3. Consider adjustments or flexible working requests

• There is a legal requirement on employers to make reasonable adjustments to support members of staff, i.e., maintaining attendance where the person is deemed to be suffering from a disability.
  • From an employment perspective, somebody is deemed to be disabled when they have a long-term condition, i.e., lasting or is likely to last for more than a year and is having a substantial impact on their normal day-to-day activities.
  • Depending on the extent and the nature of the symptoms somebody is suffering, they could become disabled whilst going through the menopause.
  • NB: Menopause is not categorised as an automatic disability.
• We recommend you take steps to think about whether you need or can make reasonable adjustments to support your employee.
  • For example, do you need to move them to a classroom closer to a toilet; can you add more ventilation; does the individual need more time for certain tasks?
• Consider any flexible working requests you receive.
  • If you are unable to grant the request, consider alternatives that could help while also working operationally.
  • NB: If you approve one flexible working request, it doesn't automatically mean that you must approve every other flexible working request that you receive. Each case is assessed on a first come, first served basis. (Previous summary notes on flexible working requests can be found HERE.)

4. Manage sickness absence carefully

• You must manage sickness absence very carefully as you do not want to penalize anyone. However, if you have someone whose absence is becoming unsustainable due to the menopause symptoms they’re suffering, you can take steps to manage their attendance under a long-term sickness absence management policy.
• The intention of an absence management process is to put in steps to try to support that person back into the workplace, so that they can return and continue in their role.

5. Continue to use normal appraisals processes to ensure workloads are suitable.

• The appraisal cycle should still run as normal.
• It’s a good opportunity to check in with the member of staff to see how they are doing and how they are coping with workloads.
• Appraisals can highlight adjustments you can make for your employee and provide a further tool for you to provide them support when necessary.

Helpful Info:

Women and Equalities Committee Report:

https://committees.parliament.uk/publications/33631/documents/183795/default/

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