The average age to go through menopause is 51 years old, although it can be much earlier. 75% of women experience symptoms, with 25% experiencing serious symptoms. Menopausal women are one of the fastest growing demographics in the workplace which, teamed with an increased awareness of the impact of menopause and more openness about discussing it, will inevitably mean more women who will be prepared to enforce their rights at tribunal.
Potential Claims
Where a woman is treated less favourably or put at a disadvantage as a result of the menopause, it follows that she may have viable claims for sex or age discrimination. What is perhaps less apparent to employers is the risk of a disability claim, yet tribunals have found that menopause may well be a potential disability.
So what is a disability? Section 6 of the Equality Act 2010 gives the following definition:
A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
There are a multitude of symptoms associated with the menopause. These include both physical symptoms, for instance, hot flushes, poor sleep and migraines; and psychological symptoms such as anxiety, low mood and low confidence.
Many women report a significant impact on their ability to carry out normal day-to-day activities, such as the ability to sleep or to concentrate, which is perhaps demonstrated by the high number of women who find that menopause can be career-ending.
Where menopause is found to be a disability, it imposes a duty on the employer to make reasonable adjustments, for example allowing an employee to move to a cooler part of the office or providing them with a fan.
Age and Sex Discrimination
Not all women will experience debilitating symptoms and the figures would suggest that for the majority, symptoms may not be significant enough to constitute a disability. Some may nonetheless have viable claims for age and sex discrimination.
In Merchant v BT Plc ET/140135/11, the claimant successfully pleaded age and sex discrimination after she was dismissed on performance grounds having suffered stress and a loss of concentration as a result of menopause. The tribunal didn’t uphold her disability claim, finding that her symptoms were not sufficiently significant, but did find in her favour on age and sex discrimination in so far as the employer would not have addressed a non-female related condition in the same way. Further, the tribunal found her manager was wrong to consider that his wife’s experience of menopause was relevant evidence.
Practical Steps
Training is of real importance. Until relatively recently, the menopause was rather a taboo subject in both the workplace and society as a whole and employers need to be proactive and educate staff.
Crucially, “banter” such as comments about “hot flushes” or forgetfulness need to fast become a thing of the past, so that women are supported at work and claims for harassment are avoided.
A clear policy on how the employer will support staff with the menopause can prove invaluable and help both the individual and their manager, giving guidance as to the expectations and steps which the employer can take to provide support.
Policies can address how to request reasonable adjustments and how to access support, advice on flexible working and sick leave for menopause symptoms, as well as provision for training on menopause and outline the steps which the employer is taking.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
