Menopause in the Workplace: Are You Meeting Your Legal Requirements?

May 26, 2023

Over recent years, the need to ensure a supporting and inclusive work environment for employees experiencing perimenopause or menopause symptoms has become a hot topic with celebrities, MPs and campaigners pushing for better legislation to protect their needs.

According to UK government research titled, “Menopause transition: effects on women’s economic participation”, menopausal women are the fastest growing workforce demographic with approximately 4.5 million women aged 50-64 currently in employment.

What many employers don’t realise is that, although there are no specific employment laws to protect these individuals, the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999 (MHSWR) and the Equality Act 2010 already protect these women against discrimination.

In this article, I will explain employers’ legal requirements relating to menopause in the workplace and explain how employers can ensure they’re meeting the needs of women going through this natural life stage.

What does UK law say about menopause in the workplace?

Currently, there isn’t a specific UK law that protects perimenopausal and menopausal women from discrimination.

This is highly likely to change over the coming years as we continue to break this taboo, raise awareness about this natural period of transition in a woman’s life and MPs continue to push for menopause to be named explicitly in UK workplace legislation.

Despite this absence, there are three acts which do protect the rights of perimenopausal or menopausal women in the workplace:

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 (HSWA) is the primary legislation in the UK that outlines employers' duties to ensure the health, safety and welfare of their employees and members of the public. It also outlines the duties of employees to keep themselves and each other safe.

According to the law, employers are obliged to provide enough information, instruction, training and supervision to ensure employees can carry out their work safely.

They should also conduct risk assessments that include any specific risks to menopausal women including taking reasonable steps to identify and reduce workplace risks and assessing how menopause symptoms affect the workforce.

Management of Health and Safety at Work Regulations 1999 (MHSWR)

The MHSWR Regulations were introduced to reinforce the Health and Safety Act 1974 and outline exactly what employers and employees are expected to do to ensure a safe and healthy workplace.

Again, this includes conducting risk assessments to identify groups of workers who could potentially be at risk including perimenopausal and menopausal women.

Equality Act 2010

The Equality Act 2010 is legislation that protects people from discrimination in the workplace and wider society. It brings together several anti-discrimination laws into one act to make it easier to understand and strengthen the protection it offers.

There are nine protected characteristics included in the act:

Equal Pay Act (1970)
Sex Discrimination Act (1975)
Race Relations Act (1976)
Disability Discrimination Act (1995)
Employment Equality (Religion or Belief) Regulations (2003)
Employment Equality (Sexual Orientation) Regulations (2003)
Employment Equality (Age) Regulations (2006)
Equality Act (2006), Part 2
Equality Act (Sexual Orientation) Regulations (2007)

Menopause can come under three of these nine protected characteristics: the Sex Discrimination Act (1975), the Employment Equality (Age) Regulations (2006) and the Disability Discrimination Act (1995).

What do employers need to do?

If employers want to meet their legal requirements and ensure that the workplace remains inclusive, safe and supportive of women experiencing symptoms of perimenopause or menopause, they must take action.

Risk assessments should be carried out with menopause in mind and they should, ideally, create a solid Menopause in the Workplace policy.

To do so, employers should start by asking themselves the following questions;

Are we aware of the potential impact of perimenopause or menopause on our employees' health and well-being?
Have we conducted a thorough risk assessment that includes specific risks related to perimenopause and menopause?

Are we considering the potential physical and psychological symptoms employees experiencing menopause may face?
Are we providing a supportive and inclusive environment where employees feel comfortable discussing their menopause-related needs and challenges?
Do our policies and practices address the potential effects of menopause on employee performance and productivity?
Are we offering appropriate accommodations and adjustments to support employees experiencing menopause symptoms?
Are we providing access to information and resources regarding menopause, its symptoms, and available support options?
Are our managers and supervisors trained to recognise and respond sensitively to employees experiencing menopause-related challenges?
Are we actively promoting awareness and understanding of menopause among our workforce?
Are we regularly reviewing and updating our policies and practices to ensure they remain inclusive and responsive to the needs of employees experiencing menopause?

Summary

By focusing on current UK legislation that covers menopause, conducting risk assessments that include these women and asking the questions outlined above, employers can assess their current approach to perimenopause in the workplace and identify areas for improvement.

Employers must be proactive in recognising and addressing the needs of employees going through perimenopause to create a supportive and inclusive work environment.