The EHRC issued guidance for employers on making adjustments for menopausal women. But a Labour government has committed to doing even more, including statutory menopause leave

The UK is going to the polls on Thursday, July 4 in what is anticipated to be a defining election and projected to be a landslide victory for the opposition Labour Party. That could mean changes in many sectors, but for employers of women who are in or close to menopause, it is clear that they will need to implement new policies and procedures to stay in compliance.

It is not surprising: Menopausal women are the fastest-growing demographic in today’s workplace. In the UK alone, 60% of women have taken time off work due to menopause symptoms, 900,000 women have left their jobs due to menopause, and 67% of women with experience of menopausal symptoms say they have had a ‘mostly negative’ effect on them at work, according to data from CIPD. 

Menopause in the workplace now

Under the Conservative government, the Equality and Human Rights Commission (EHRC) published guidance for employers on how to make reasonable adjustments for menopausal women. This was precipitated by a number of high-profile employment tribunal cases in which businesses were found to have discriminated against women experiencing menopause.

The EHRC issued the guidance to highlight the laws that have existed for many years that could protect the growing numbers of working women experiencing menopause. Under the existing Equality Act 2010, employers could be guilty of discrimination on the grounds of age, sex or even disability discrimination if they fail to effectively take into account the potential impact of menopausal symptoms. These symptoms can be considered a disability which means there’s a legal requirement to consider reasonable adjustments and, importantly, that employment tribunals could be an option if firms fail to provide support. 

Reasonable adjustments

Adjustments can include time off, flexible hours, relaxed uniform policies and rest areas. Under the Health & Safety at Work Act 1974, someone going through menopause may be given leave if they show symptoms caused by the menopause, such as anxiety and depression, joint pains and sleeplessness, although in some cases enabling the employee to work flexibly may be enough to help them manage their symptoms. Individuals experiencing difficulty when going through menopause can present their employer with a letter from their doctor.

Failing to make reasonable adjustments can amount to disability discrimination, as menopause symptoms can have a long term and substantial impact on a person’s ability to carry out usual day-to-day activities. If an employer takes disciplinary action because of a menopause-related absence, this can be discrimination and language that makes fun of symptoms can be harassment. 

A Labour government’s approach to Menopause

The House of Commons Women and Equalities committee published a report noting that a lack of support for menopause was pushing women out of work and created a list of 12 recommendations. Included in these suggestions are the request for the government to work with a large public sector employer to develop and pilot “a specific menopause leave policy” and the call for an amendment to the Equality Act to introduce a new protected characteristic of menopause. 

The Conservative government rejected the proposal to make a specific characteristic of menopause. But the Labour party has committed to requiring larger firms to produce menopause action plans and introduce a statutory right to menopause leave.

Referring to Labour’s Menopause plan policy, shadow Women and Equalities secretary Anneliese Dodds said, “From access to vital healthcare, to support at work, the Conservatives have vacated the field on supporting women. Labour will ensure that these women are heard and supported through what can be a challenging time in their lives.”

In unveiling the plan, deputy Labour leader Angela Rayner stated that her party would introduce the right to leave for women who are suffering from symptoms of menopause. They will also require large employers with over 250 employees to produce menopause action plans, publish their plans and communicate policies to employees through training. Labour’s policy will not set out specific requirements for employers allowing the action plans to be tailored to different workplaces. Employers will be required to submit their plans annually to the existing government portal used for gender pay gap reporting.

The party plans on issuing guidance on how to compose plans and will publish guidance for employers on uniform and workplace temperature issues, as well as flexible working and menopause leave and absence.

“Everyone should be supported to thrive at work. But all too often, women going through the menopause are being let down,” said Rayner. “Under the Conservatives, the number of women leaving the workforce is skyrocketing and productivity is plummeting as those who continue in work aren’t getting the support they need. This is bad for women, bad for business and bad for our economy.”

If they make it into Number 10, it’s clear that Labour has committed to taking action on menopause policy in the workplace. Any organisation that isn’t already considering issues like how to deal with reasonable adjustments around menopause, or even what their menopause leave policies should look like could be leaving themselves open to tribunals, fines or worse.

The General Election and Compliance – Special Webinar

Every sector could be impacted and every area of compliance is likely to be reviewed by the next government. From overhauls of financial services regulation, reviews of data protection law, closer alignment with EU regulations and an expansion of health and safety protections, the next parliament will see compliance at the centre of the regulatory agenda.

With everything from whistleblowing reform to overhauls of corporate governance, new employment rights like menopause leave and expanded equal pay rules, alongside crackdowns on tax evasion and expansion of the money laundering regulations, organisations large and small should prepare for the outcome of the general election.

This webinar will cover:

• What the main parties are pledging on key compliance areas
• Potential changes to legislation including the Equality Act, sexual harassment and employment rights
• Expected legislation on AML, bribery, sanctions, fraud and economic crime
• Possible expansion of regulations around GDPR, AI and health and safety
• Preparing your organisation for future regulatory changes and new requirements