New plans to help women going through Menopause at work

As Labour came into power earlier this month, following the general election, we take a look at some of their proposals surrounding menopause in the workplace.

The Labour Party proposed in their manifesto that they would make changes to help women going through menopause by introducing a rule where all employers with over 250 staff must implement a menopause action plan.

At present, statistics show that one in ten women going through menopause leave their job due to menopause symptoms. This is a concerning figure as women typically go through menopause from the age of 40, but in some cases, this can women can go through menopause during their twenties.

Meanwhile, research by the Chartered Institute of Personnel and Development shows, two-thirds of women working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work.

Of those affected at work, 79% said they were less able to concentrate 68% experienced more stress and nearly half said they felt less patient with clients and colleagues.

Workplace practices need to change to ensure these women feel supported to continue employment despite experiencing bodily changes.

Earlier this year new guidance came into force from the Equality and Human Rights Commission (EHRC) to state that employers could be sued if they do not make ‘reasonable adjustments’  at work for women going through menopause if their symptoms amount to being considered a disability.

Is Menopause a disability?

The guidance was issued to clarify the legal obligations employers should comply with for women going through menopause, as well as defining when symptoms could be considered a disability.

According to the EHRC, if menopause symptoms have a “long-term and substantial impact” on a woman’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability.

If the symptoms amount to being a disability, the employer will be under a legal obligation to make reasonable adjustments under the Equality Act 2010. There will also be a legal obligation to not directly or indirectly discriminate because of the disability or subject the woman to discrimination arising from disability.

What is Labour’s proposed Menopause Action Plan

Labour stated in their manifesto that they will introduce a policy requiring firms with more than 250 employees to have action plans in place to support women as they experience menopause. Although the plans have not come into place yet, we have broken down what it could mean for larger companies.

The party said it would require large employers to publish and implement menopause action plans, setting out how they would support employees through menopause, with possible provisions including paid time off, changes to uniforms and temperature control in the workplace.

Although Labour’s policy will not set out specific requirements for employers the party will issue guidance on how to compose plans.

Large firms will be required to publish their plans and communicate policies to employees. Labour said the process would be ‘simple and easy’, with employers required to submit their plans annually to the existing government portal used for gender pay gap reporting.

Further reading

Local Government Association – Menopause Factfile

Menopause awareness – Oakwood Solicitors

Workplace Discrimination – Oakwood Solicitors

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