World Menopause Month is held each October to break the stigma, raise awareness and highlight the support available for improving health and wellbeing for those dealing with menopause. At Jackson Lees, we believe that it is important to speak up about the debilities that can come with menopause and provide advice on where you stand as an employee and how your employer can provide the best support for you. Hannah Dowd, a solicitor in our Employment Law team, provides some useful advice below for both employees and employers regarding menopause.

What are the symptoms of menopause?

Most women will experience menopausal symptoms, although severity may vary between individuals. Some of these symptoms can be more severe than others and have a significant impact on everyday activities.

Common symptoms include:

• Low mood or anxiety
• Hot flushes
• Difficulty sleeping
• Issues with concentration and memory
• Night sweats
• Weight gain and slowed metabolism

Having to deal with these symptoms can be extremely difficult and make day-to-day life feel like a struggle. It is no shock that with these drastic hormonal changes happening to your body, that the simplest tasks such as going to work and carrying on as ‘normal’ can feel daunting. Therefore, employers should make sure they have steps, procedures, and support in place to help staff affected by the menopause.

The menopause is not a specific protected characteristic under the Equality Act 2010. However, if an employee is put at a disadvantage or treated less favourable because of their menopause symptoms, this could be classed as discrimination if related to a protected characteristic, for example:

• age
• disability
• gender reassignment
• sex

You can find out more about protected characteristics here.

Different types of discrimination in relation to menopause

Sex discrimination

Unfair treatment to an employee or worker because of their sex could lead to a discrimination claim.

Employers should also be aware that unwanted behaviour about someone's menopause symptoms could count as harassment or sexual harassment depending on the nature of the behaviour.

Disability discrimination

Menopausal symptoms can be considered a disability under discrimination law. If someone has a disability, it is an employer’s duty to make reasonable adjustments to either remove or reduce any disadvantages the employee may experience because of it. For example, an employer may make exceptions regarding their current sickness policy and record these absences separately from other sicknesses.

It’s also possible for claims to be made if an employee is treated unfairly not directly because of their disability but because of something in relation to or arising from it. For example, one main symptom of menopause is brain fog, which can result in forgetfulness. Therefore, if an employee is dismissed for forgetting to do a task set by their employer, whilst experiencing menopausal symptoms, this could be considered as unfair dismissal.

Age discrimination

Apart from those who go through menopause early, women generally start to experience menopausal symptoms around the age of mid-forties to early fifties. If an employee is suffers less favourable treatment compared to others whilst going through menopause, this could be classed as age discrimination as this it is typically related to the age of the individual.

Gender reassignment

Gender reassignment is a protected characteristic under the Equality Act 2010. A person has the protected characteristic of gender reassignment if they are planning to go through, are going through or have gone through a process (or part of a process) to reassign their sex. This could be by changing physical or other attributes related to someone's sex.

In the Equality Act 2010, the term 'transsexual' is used to describe people with the protected characteristic of gender reassignment. Many people prefer to use the word 'trans' or 'transgender' rather than 'transsexual'.

If an employer puts an employee or worker at a disadvantage or treats them less favourably because they have, or someone thinks they have, the protected characteristic of gender reassignment, this could be discrimination.

Find out more by speaking with one of our solicitors.

What are some of my rights at work as a person going through menopause?

Menopause and Perimenopause are not specifically protected under the Equality Act 2010.

However, employers do have a responsibility to protect employees from potential discrimination and harassment. Employers should also look at implementing a menopause policy for clarity and to support employees going through this period in their life.

ACAS guidance suggested that employers should make sure they have steps, procedures and support in place to help staff affected by the menopause.

Having regular conversations with staff and listening to their concerns might help resolve issues early on before any potential legal action is taken.

Employers should make sure they know how the menopause relates to the law, including the:

• Equality Act 2010, which protects workers against discrimination; and
• Health and Safety at Work Act 1974, which says an employer must, where reasonably practical, ensure everyone's health, safety and welfare at work

You can request reasonable adjustments be made within your workplace to help you manage, such as:

• Flexible working
• Requesting a different uniform if you are experiencing hot flushes
• Moving to a cooler part of the office or asking for a fan
• More frequent breaks
• Using technology such as making notes/reminders on your phone to battle brain fog

Get in touch today for legal advice.

What can I do if I have been dismissed or forced to leave my job due to menopause?

If you've been dismissed or forced to leave your job, Jackson Lees Solicitors  may be able to assist in reviewing your matter and looking at options to progress your case to an Employment Tribunal. This may be because you feel you have been dismissed unfairly, or constructively dismissed. It may also be due to you believing you have been discriminated against in relation to a protected characteristic

How can we help?

Jackson Lees have a team of experienced solicitors who will be able to provide you with the best advice in relation to your situation. Whether you are an employee or employer seeking legal advice, we have the right steps in place to support you. You can get in touch with us today by making an enquiry, calling us on 0151 282 1700, or requesting a call back at a time that suits you.

Other services

For some people, going through menopause can be extremely taxing both emotionally and physically. It is common to feel alone sometimes and not know where to turn. There are services out there that aim to provide psychological support for women going through menopause. You can find out more at PAM Wellbeing and The Menopause Charity.