Women’s health, and in particular the menopause transition, is a topical issue that has finally received significant coverage in the media during the last year or so.
In the UK there are currently no legal regulations specifically requiring employers to provide support to people affected by menstruation issues or the menopause. However, employees may have a claim for unfair dismissal or discrimination on the grounds of their age or gender, where an employer unfairly dismisses them or treats them less favourably for matters affected by their menopause symptoms.
Additionally, where symptoms have a long-term substantial adverse effect on their day-to-day activities, employees may be considered to be disabled for employment law purposes. In which case, their employer will be under a duty to make reasonable adjustments to their role or working environment to overcome any difficulties. As with all employees, employers are under a general duty of care regarding health and safety at work, and any health and safety risk assessments should consider the specific needs of those experiencing the menopause.
The British Standards Institution (BSI) recently published a new guide: Menstruation, menstrual health and menopause in the workplace. This will be an invaluable tool for employers navigating how to support employees experiencing menstruation issues and the menopause. Given the recent news that the government decided to reject the Women and Equalities Committee’s recommendations against making the menopause a protected characteristic under equality legislation, this new guidance will be particularly welcome.
Menstruation and the menopause are areas that many employers feel uncomfortable discussing or do not know where to start. The BSI guide provides thorough information on the symptoms and difficulties employees can face and also gives practical direction on creating policies and having difficult conversations.
Employers can provide support to employees by ensuring they have a suitable work environment; by permitting flexibility in how and where work is carried out and by creating an inclusive culture, where employees at all levels and regardless of gender have an awareness of menstrual health and the menopause transition and how they may affect people at work.
Actions that can be taken in relation to the workplace environment include providing access to a quiet space for rest and to manage symptoms and ensuring ease of access to toilet, shower and changing facilities. Special consideration should be given to those who work shifts, or work away from the workplace, as to how and where they will have regular access to these facilities when they require them. It can be helpful to leave a stock of menstruation products in bathrooms which employees are able to utilise.
Consideration should be given to the difficulties employees going through the menopause transition may face in maintaining a comfortable temperature. This could involve moving them to a desk near to a window or providing a fan. Where uniforms are required to be worn, where possible these should be in a breathable natural fabric, comfortable and easy to launder.
When considering the support which may be required by employees, organisations should be mindful of employees’ varying needs and the particular challenges faced by some workers, such as those who have an underlying health condition or disability, or those who are transgender.
If, as the guide suggests, more employers put in place processes and policies to help support employees going through the menopause transition it should assist organisations to retain a valuable and experienced sector of its workforce. This is particularly pertinent in the current climate, where across many industries the retention of talented employees is a key challenge.
Amanda Trewhella is an employment law director at Freeths