The 3 main laws employers should understand when dealing with menopause at work - Guest article by Cathy Richardson

As an employer and a manager, there is a legal and ethical duty to ensure that all employees are treated fairly, respectfully and equitably at work, not only menopausal people.

It is worth remembering that there is a wider impact here: Just as it is not fair to exclude or have a bias against menopausal people, so is it unfair to focus on this group at the exclusion of all other employees.

After all, equity is about levelling the playing field for everyone in the game, not acting in favour of a particular group! However, in this article, I will draw out the main points relating to menopause as that is the current consideration. But it is important to acknowledge that these laws also reflect on other people at work and that they exist to ensure a safe, fair and equitable workplace for everyone.

So – which are the 3 laws managers should be aware of?

The Equality Act 2010

This act protects employees from discrimination on the grounds of several protected characteristics. As such, menopause is not mentioned as a stand-alone or individual issue. Instead, it combines sex and age as the relevant characteristics against which bias and discrimination must be avoided. Menopause can also be considered a disability if it has a substantial and long-term adverse effect on health.

The Health and Safety at Work Act 1974

This act requires employers to ensure the health, safety and welfare of their employees at work. Menopause can affect employees in various ways, such as increasing the risk of accidents, injuries or illnesses due to fatigue, poor concentration or physical discomfort. It’s important to conduct a risk assessment for your menopausal employees and take reasonable steps to eliminate or minimise any hazards or risks.

In addition, it’s also important to consider the health and safety of partners of menopausal people here. For example, if a man works heavy machinery and is not getting regular sleep due to his partner’s menopausal symptoms, it may be necessary to conduct a risk assessment to ensure that it is safe for him to do this part of his job.

The Employment Rights Act 1996

This act gives employees the right to request flexible working arrangements.

Soon, British workers will have more flexibility over where and when they work as the Flexible Working Bill achieves Royal Assent. This means that Workers will have the right to request flexible working from day one of a new job, with employers required to consider any requests and provide a suitable reason before rejecting. This includes menopausal people.

Aside from the legal obligation, employers also have an ethical responsibility to promote inclusivity for all their employees. Everyone wants to work in a place where they will feel comfortable, valued and supported.

How do we ensure that the legal obligations towards menopausal employees are met?

1. Educate and train managers to understand the scope of the relevant laws, and how they should handle situations relevant to menopause at work.
2. Have a specific policy dedicated to how menopause will be supported in your organisation
3. Ensure that the policies are kept alive and active. Dead policies resting in archives are of no value!
4. Have a clear communication process, ensuring that everyone understands what to do next, should an issue occur.
5. Offer regular workshops, support groups and feedback forums to ensure open communication in all directions.
6. Remove bias around the topic of menopause to normalise it and encourage people to speak out and be heard.

 

If any of this resounds to you, please get in touch with Cathy Richardson, menopause coach. In the interest of a kinder, more equitable working environment, it’s time to start talking about being better at handling menopause at work.

Cathy Richardson spent most of her successful 30 year career in HR Consultancy and coaching in a hard sales environment. During this time, she helped over 2,000 individual salespeople, teams and senior managers to make better decisions to be successful in achieving their targets and career aspirations. Through her own early surgical menopause, she discovered yoga as a means to deal with her own wide-ranging symptoms, leading to a Master’s qualification as a yoga therapist. Now, Cathy is a menopause coach and workplace trainer, supporting businesses and individuals to ensure positive conversations and useful policies that retain women in the workplace