Women ‘suffering in silence’ due to menopause discrimination

15th September 2023

Posted on Categories LegalTags , , ,

With nearly half (44%) of women saying they would lie about why they needed a sick day to cover up menopause symptoms, employment partner Samantha Dickinson, from Sussex law firm Mayo Wynne Baxter, discusses how employers can support their female workforce.

Despite increased awareness by celebrities such as Davina McCall, 39% of women experiencing perimenopause and menopausal symptoms are still embarrassed to talk about it at work, according to our latest research.

Less than a third (29%) of women would feel comfortable asking for reasonable adjustments to support them in managing their symptoms, such as an electric fan or flexible working hours.

Furthermore, less than half of women (49%) would raise a formal complaint if they felt they were being discriminated against as a result of experiencing menopause, and 48% admitted they would lie about why they needed to take a day off work if they were suffering with symptoms.

It is very sad to learn that so many women believe going through menopause will negatively affect their career, which is why so many choose to remain silent – female employees should not have to hide their symptoms and discomfort to avoid discrimination in the workplace.

Supporting over 50s

Despite the government’s renewed focus on supporting the over-50s back into the workforce, little has been done to mandate menopausal support and awareness in the workplace. Disappointingly, the government refused to make the menopause a protected characteristic – slamming the door shut in the face of progress and betraying a total lack of empathy.

Thankfully, there are still legal protections in place women may be able to rely on to safeguard against discrimination. Under the Equality Act, women may be able to bring a sex, age or disability discrimination claim if they think their employer has disadvantaged them for a reason related to menopause. However, it should not have to get to that stage.

Creating a supportive environment

In a time when employers are facing challenges in recruiting and retaining talent, they should consider how they can create an environment where women feel comfortable to express their experience of the menopause and feel they can raise concerns with confidence.

According to our research, 60% of women are in favour of additional menopause support from their employers and there are a number of steps employers can take to assist their female employees.

It is sensible to start with a clear policy that sets out how the organisation will support those who are experiencing symptoms. This will show employees you have a positive attitude to the issue and will give managers guidance on how to deal with any problems that may arise.

Employers may also want to consider highlighting menopause awareness as part of a wider occupational health awareness campaign. Again, this will indicate to staff that you are sensitive to the issue and that it is not something they should feel embarrassed about.

Menopause champions

Consider also having a menopause wellbeing champion in your workplace. This would help women feel more comfortable raising concerns while also ensuring employers know how to offer the right support from the start.

Women should be given information on how and from whom they can get support for any issues resulting from the menopause. Many women will feel uncomfortable going to their line manager, especially if they are male, and other options should be available. However, employers should ensure all line managers are trained to understand how the menopause can affect work and what adjustments may be necessary to support women.

Risk assessments should consider the specific needs of menopausal women and ensure the working environment will not make their symptoms worse. If individuals are working from home, it may be necessary to consider if that environment is suitable too.

Managers should carefully manage any drop in job performance or sickness absence caused by the menopause or perimenopause, ensuring any such absences are recorded separately and dealt with sensitively.

Flexible working

Lack of flexibility was cited as a barrier to 37% of women. Working arrangements should be flexible enough to ensure they meet the requirements of menopausal women, who may need to leave suddenly or need more breaks during the day. Consider flexible working hours or shift changes. If sleep is disturbed, later start times might be helpful.

Depending on the workplace and the nature of the work, a number of practical steps could be taken to assist women such as reviewing workplace temperatures and ventilation, providing a desktop fan, or locating a workstation near a window or away from a heat source; providing access to drinking water in all work situations, including off site venues; ensuring there is access to wash room facilities and showers, including when travelling or working in temporary locations; and offering flexibility on uniforms, such as allowing women to remove jackets or providing lighter, non-synthetic workplace clothing or uniforms.

It is time for employers to open their menopause dialogue with their employees and consider any steps they could take to make their workforce more inclusive.

Samantha Dickinson

Equality and Diversity Partner

sdickinson@mayowynnebaxter.co.uk

www.mayowynnebaxter.co.uk