As social sector organisations strive to create inclusive and supportive workplaces, it is crucial to address the unique challenges that employees may face during various stages of their lives. Menopause, and perimenopause have gained a lot of attention over the last few years, and it is as an important aspect in the consideration of your approach to diversity and inclusion.
One question that frequently arises is whether menopause should be classified as a disability. In this blog post, we’ll explore the complexities surrounding this issue and discuss how social sector employers and HR professionals can better support their staff through perimenopause and menopause.
Menopause and work
Menopause is a significant life event for many involving hormonal changes that can result in various physical, emotional, and cognitive symptoms. It typically occurs between the ages of 45 and 55, although the timing can vary widely.
Research by the Chartered Institute of Personnel and Development (CIPD) found that 67% of workers between the ages of 40 and 60 with experience of menopausal symptoms said they had a mostly negative impact on them at work.
Of those who were negatively affected at work:
- 79% said they were less able to concentrate
- 68% said they experienced more stress
- 49% said they felt less patient with clients and colleagues, and
- 46% felt less physically able to carry out work tasks.
As a result of this, over half of respondents were able to think of a time when they were unable to go into work due to their menopause symptoms.
Is menopause a disability?
In the UK, menopause itself is not specifically listed as a protected characteristic under the Equality Act (2010).
However, the Equality and Human Rights Commission (EHRC) recently stated that menopause symptoms – which can range from hot flushes to sleep problems – could be considered a disability*, if these symptoms they have a long-term, typically defined as greater than 12 months, and substantial negative effect on your ability to do normal daily activities.
Therefore, it is possible that symptoms of menopause (including perimenopause) could themselves be a disability under the Equality Act (2010).
*In addition to the above, the Equality Act covers indirect discrimination, harassment, and victimisation related to gender and age. Therefore, if an employer fails to address the needs of women going through menopause, it could potentially be considered a form of sex and / or age discrimination.
Reasonable adjustments
In law, employers have a legal obligation to make “reasonable adjustments” in the case of disability, and they must ensure they do not directly or indirectly discriminate against any employee because of a disability.
Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone’s disability.
A recent case in 2023 saw an employee win a claim against her employer for failure to make reasonable adjustments when she struggled to meet performance standards in her role because of menopause symptoms including low mood, anxiety, mood swings, effects on her memory and poor concentration
The EHRC has produced guidance for employers on menopause in the workplace which includes suggestions around reasonable adjustments.
Practical steps
Here are some practical steps employers and HR professionals within the social sector can take to support workers in the workplace:
Education and Awareness: Provide training to employees and managers about perimenopause and menopause, including symptoms and potential impact on work performance. Breaking down stigma and fostering open communication is essential.
Flexible Working: Consider flexible working arrangements, such as adjusted hours , changes to shift patterns or start time, working from home etc, to accommodate employees experiencing menopausal symptoms. This can contribute to improved work-life balance and overall well-being.
Wellbeing Initiatives: Implement wellbeing programmes to help address the physical and mental health aspects of menopause. This could include access to counselling services, workshops, or initiatives promoting a healthy lifestyle.
Adjustments to the Work Environment: Undertake risk assessments and where possible make reasonable adjustments to the workplace, such as temperature control or access to quiet spaces, to support employees dealing with hot flashes and concentration issues.
Policies: Ensure your policies and procedures are inclusive and considerate of employees experiencing menopause. Consider implementing a Menopause Policy (see below for a great offer!)
For further guidance you can watch Roots HR’s webinar on The Menopause and Work here.
While menopause itself may not be classified as a disability, it is essential for social sector employers and HR professionals to recognise the challenges that menopausal employees may face and understand that there may be legal obligations on them to implement reasonable adjustments in the case of some menopause symptoms and their effects.
In addition, by fostering an inclusive workplace and implementing supportive practical measures such as those outlined above, social sector organisations can create an environment where all employees feel valued, respected, and able to perform at their best during this natural life transition.
Addressing menopause openly contributes to a culture of understanding and empathy, reinforcing your commitment to diversity and inclusion.
Menopause Policy
For orders placed no later than 19th April 2024, Roots HR can develop a Menopause Policy for your organisation for only £150 + VAT.
Contact us to take advantage of this fantastic offer!
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