Menopause Toolkit

Is it h t in here?

TLT's guide to supporting employees through the menopause and managing legal risks.

Explore our insights

Menopause and the legal framework

Health & safety

Gender pay gap

Unfair dismissal & discrimination

Health & safety

Gender pay gap

Unfair dismissal & discrimination

Gallacher v Abellio Scotrail Ltd (EAT, 2020)

Unfair dismissal & discrimination

There is no specific mention of menopause symptoms in equalities legislation or in the Equality and Human Rights Commission’s Code of Practice on the meaning of disability. It has been left to case law to decide how the general employment law framework applies in the context of employees experiencing the menopause.

In fact, the number of Employment Tribunal claims that reference the menopause have increased by 75% since last year.

Some case examples

Mistreatment because of menopause symptoms may trigger employment tribunal claims, most likely under equalities legislation but also under unfair dismissal.

Employers have a general duty to ensure the health, safety and welfare of employees at work, which covers the full spectrum of women’s health-related issues, including menopause.

Health and safety risk assessments must consider the specific needs of those experiencing menopause and ensure that arrangements for employees’ work will not exacerbate symptoms.

Health & safety

The gender pay gap is widest for women over 50. One explanation for this may be that women can struggle to balance experience of menopause with engagement in the workplace. If they reduce their hours or miss out on opportunities for career progression, a company’s gender pay gap may well be adversely affected.

Action to address employee retention and seniority where the gap is at its highest will have a significant impact on reducing the gap overall.

Gender Pay Gap

Practical tips and planning ahead

Practical tips and best practice

What’s on the horizon?

Practical tips and best practice

What’s on the horizon?

Background and menopause policies

Health & safety

Gender pay gap

Unfair dismissal & discrimination

The UK government has prioritised menopause support as part of its Women's Health Plan, and the government has established a specific "Menopause Taskforce". The government published a policy paper on 18 July 2022: Menopause and the Workplace: how to enable fulfilling working lives.

The government’s July 2022 policy paper confirmed that it will not change the Equality Act 2010 to enable intersectional, multiple discrimination claims to be recognised but does confirm that menopause will be a priority issue for government.

Government policy and equalities legislation

Introduce a menopause policy. Don’t forget the paper policy also needs to be actively implemented, ideally with visible support from senior leadership.

Training and talks: whether in the form of webinars or in-person training, or from internal experts or external speakers - examples include information about menopause and women’s health, information about HRT and/or information about the company’s menopause policy and why it’s important to support employees experiencing the menopause.

Practical tips and best practice

What’s on the horizon?

Gathering information in a ‘Menopause Hub’ so that employees can access information about policies, procedures, support, online training, symptom checkers and guides in one place.

Menopause policy

Training and talks

Menopause hub

Government policy and equalities legislation

Health and safety reforms

Making flexible working the default

Menopause and the workplace inquiry

Employers have a general duty to ensure the health, safety and welfare of employees at work. A recent discussion as part of a House of Commons Women and Equalities Committee session went further and covered the potential for mandatory risk assessments covering menopause; this might need to cover general workplace factors such as temperature controls, rest areas and access to drinking water.

Menopause action groups have recommended that the government should make flexible work the default. The government has declined to introduce this change but it has committed to making the right to request flexible a ‘day one’ right, rather than a right which only arises after 26 weeks’ service. We do not yet know when this legislation will be introduced.

In July 2021, the House of Commons Women and Equalities Committee launched an inquiry into workplace issues surrounding the menopause. The inquiry was asked to address the following.

Examine existing discrimination legislation and workplace practices

The inquiry is no longer accepting evidence. Its findings are awaited but there is no date for publication yet.

Draw up recommendations with a view to shaping policies to address gender equality

Consider whether further legislation is required to enable employers to put in place a workplace menopause policy to protect people going through the menopause while at work.

Video intro heading

Liz Cotton

Siobhan Fitzgerald

Perhaps you're starting from scratch or are interested in practical training for your team?

Scale

Impact

Policies

If anyone was in any doubt about the scale of the impact of the menopause at work, this would have been dispelled by the landmark survey published by the Fawcett Society in May 2022: Menopause and the workplace. The survey sought the views of over 4000 women aged between 45 and 55. Key findings are shown opposite. The impact of the menopause on working women has been identified as an area of concern for the government’s Women and Equalities Committee, which established an inquiry into Menopause and the Workplace. And a survey of 6000 workers published in September 2022, found that 72% of women surveyed said that their employers were not doing enough to support employees through the menopause.

The impact of the menopause on working women has been identified as an area of concern for the government’s Women and Equalities Committee, which established an inquiry into Menopause and the Workplace. And a survey of 6000 workers published in September 2022, found that 72% of women surveyed said that their employers were not doing enough to support employees through the menopause.

Impact of the Menopause at work

Impact

Employers have a general duty to ensure the health, safety and welfare of employees at work, which covers the full spectrum of women’s health-related issues, including menopause.

The average age menopause starts

Why is menopause a workplace issue?

Scale

At TLT, we always recommend putting in place a menopause policy as a good place to start. Consider including the following:

Once the policy has been drafted, it must be publicised amongst your workforce and employees must know where/how to access the policy, plus any linked documents.

And don’t forget…

The ongoing job of management and HR will be to ensure that the written policy is actively supported and embedded in your organisation, with visible support from senior leadership.

Statement of the purpose of the policy.

Details of how often the policy will be reviewed and who is responsible for the policy – the Board of Directors, HR, Equalities Committee?

A brief explanation of what the menopause means for people who are transitioning through this stage of life

Statement of support for open conversations and signposting employees to sources of information and support.

A non-exhaustive list of support and adjustments which may be available for staff transitioning through menopause and details of how to access the same

Confirmation that menopause symptoms will be included in risk assessments.

Signposting to other sources of support and cross-referencing to any other existing policies and procedures which may be relevant

400

Around 400,000 people start the menopause each year

We have close to 4 million women aged 45-55 in work in the UK and women aged between 50-64 are the fastest growing workforce demographic

400

According to The Faculty of Occupational Medicine, almost eight out of ten menopausal women are currently in work

yrs

Perimenopause symptoms will last for four years on average, occurring during the 40s for most women, but some will notice changes in their mid-30s

1 in 100

Around 1 in 100 women experience the menopause by the age of 40

1 in 100

yrs

of women experience one or more ‘very difficult’ symptoms

said their ability to work had been affected by the menopause

in employment have left work due to menopause symptoms

menopause in the workplace

Watch our short video to find out.

so what's next?

Partner, Employment

Whatever stage you're at, reach out to our team to find out how they can help.

Do you have an existing policy and not sure of the next step?

Download OUR Menopause Toolkit

Throughout this guide we use the term ‘woman’ with reference to menopause but note that our comments apply equally to trans, intersex and non-binary people experiencing menopause symptoms.

Detail the purpose of the policy, how often the policy will be reviewed and who is responsible for the policy – the Board of Directors, HR, Equalities Committee?

What should you include in your menopause policy?

Statement of support for open conversations and a non-exhaustive list of support and adjustments which may be available for staff transitioning through menopause and details of how to access the same

Explanation of what the menopause means for people who are transitioning through this stage of life and a confirmation that menopause symptoms will be included in risk assessments

Download our Menopause Toolkit

For a comprehensive list of what to include in your policy, please click here to access our menopause toolkit.

Donnachie v Telent Technology Services Ltd (ET, 2020)

Rooney v Leicester City Council (EAT 2021)

Gallacher v Abellio Scotrail Ltd (EAT, 2020)

Donnachie v Telent Technology Services Ltd (ET, 2020)

Rooney v Leicester City Council (EAT 2021)

What does the legal framework look like?

Key legal issues for employers

Menopause awareness and education in practise

Employment Tribunals and the link to menopause

Watch our short video to find out.

The menopause: in numbers

How can employers deal with issues related to the menopause, whilst staying within the law?

Perhaps you're starting from scratch or are interested in practical training for your team?

Whatever stage you're at, reach out to our team to find out how they can help.

Do you have an existing policy and not sure of the next step?

Download OUR Menopause Toolkit

Partner, Employment

Liz Cotton

Partner, Employment

Esther Smith