Bridge HR articles

You may see in the news or on social media the drive in businesses to be 'menopause-friendly' or 'menopause-aware'.

Organisations are keen to show that they are safe and welcoming places for their staff to discuss menopause issues openly without fear of being judged and that they are open to supporting staff going through this life change, whether personally, or indeed, by association.

There are many practical benefits to this for creating a supportive atmosphere for staff in this way, but it can also have positive impacts legally.

How can being 'menopause-friendly' help organisations legally?

Menopause is not a 'protected characteristic' under the Equality Act 2010, meaning menopause is not automatically protected in the way that, say, pregnancy is.

However, there are several legal pitfalls for employers when dealing with the menopause, namely:

• Discrimination claims: Disability; age and sex are the most likely characteristics;
• Harassment claims: These are often the result of “banter” or similarly accepted cultures within workforces;
• Unfair dismissal claims: Performance-related dismissals must be fair and within the Employment Rights Act 1996;
• Health and Safety claims: Your duty to your staff may change if their health changes, and you need to ensure your risk assessments are up to date and take into account new health information.

If you don’t know, you can’t act

If staff feel too ashamed or afraid to discuss their symptoms, you may find that you are not aware of issues until they become a real problem.

For example, a small adjustment for a menopausal employee early in their onset of symptoms may be enough to help avoid it becoming a big problem later when the employee, perhaps, goes off on long-term sick leave after trying, and failing, to cope without seeking support.

You then have long-term absence costs; a fair performance route to navigate, and potentially much more significant adjustments to consider and possibly a high award under the discrimination legislation.

A culture that allows such employees to feel afraid or targeted or otherwise singled out for their menopausal symptoms can result in a claim for harassment, and such claims have succeeded in the Tribunals.

What can Employers do to Mitigate issues and claims?

Take proactive steps, such as:

• Putting in place a Menopause Policy;
• Training your staff to understand, identify and discuss such issues;
• Ensuring that the culture is accepting and supportive; and
• Training all managers to deal appropriately with these situations.

Such measures will put your organisation in a good place to mitigate problems and claims, to successfully defend any that arise and, of course, create a better place to work, thus, improving the culture and attracting talent.

Practical Steps Employers can take to be 'menopause-friendly'

1. Review your Policies – are they up to date and “menopause-friendly”?
   
   
2. Have a specific Menopause Policy with clear advice on:
   
   
3. who to contact; and
   
   
4. what to do in a number of menopause-related situations.
   
   
5. Train your staff – managers “set the tone” in their departments. Make sure that tone is one you can defend and which does not discriminate.
   
   
6. Be aware of all the stages of Menopause, be aware of who it can affect and be open to supporting your staff through any issues they may have.
   
   
7. Talk to your staff – find out what would help and consider if it’s possible to implement their suggestions.

BRIDGE can help you with bespoke, in-house training or you can attend any of our upcoming courses to help you comply with your obligations. Email our friendly Employment Law Solicitors at enquiries@bridgeehr.co.uk for our free, specific guide on menopause in the workplace and a free business health check.