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Age discriminationEquality, diversity and inclusionLatest NewsDisabilityReproductive health

Does the menopause workplace standard go far enough?

by Sophia Zand 23 Jun 2023
by Sophia Zand 23 Jun 2023 Shutterstock
Shutterstock

Organisations are starting to understand the impact that menopause can have on employees’ careers and performance, but are they doing enough to support women, transgender and non-binary people? Sophia Zand looks at whether recent guidance goes far enough.

The British Standards Institute (BSI) recently issued a workplace standard on menstruation, menstrual health and menopause. This has been welcomed by those who recognise the impact these can have on workforce participation, productivity and wellbeing.

But does this guidance go far enough to ensure those experiencing menstruation and peri/menopause are fully supported, helping employers to retain talent?

One of the BSI’s recommendations is the implementation of effective policies which can help employers and employees understand and recognise their symptoms and how they impact their work.  The BSI found that a minority of UK workplaces have specific policies that address menopause and menstruation.

But a policy that sits on a company intranet or in an employee handbook is unlikely to help staff feel comfortable talking about issues which have long been seen as “taboo”. Further action is needed to promote a culture of openness in the workplace, so that employees feel able to ask for support when needed.

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One way to kick-start a conversation about this is through training, which can be provided through third parties such as Acas. Employers should hold staff awareness sessions for those interested in understanding more about peri/menopause and menstrual issues, the effect they have on women, and the assistance available, which may include access to occupational health services or an employee support helpline.

Where possible, line managers should be given specific training so that they are confident in discussing these topics and know what support can be offered in a sensitive and supportive manner.

After these training sessions, organisations must continue to support employees –  by investing in menopause health ‘champions’, for example.

Whilst adopting the guidance is a significant step towards fostering an inclusive work culture, organisations should go further to avoid potential legal issues.

Menopause-related discrimination

The government rejected recent calls to make menopause a protected characteristic, but employers must remember that menopause may still be protected from discrimination under the Equality Act 2010 – for example, if symptoms amount to a disability or where discriminatory conduct is based on their sex or age.

The BSI standard may not be legally binding, but it may be relied upon by staff who feel that their organisation is failing to recognise how these conditions can impact an individual’s attendance, performance and wellbeing, or put in place appropriate support.”

The BSI workplace standard advises that “minor changes” to the workplace can help alleviate menstrual or peri/menopausal symptoms, such as allowing staff to use a fan at their desk or carry out regular stretching. In particular, the BSI reminds employers that for some menstrual health conditions, such as endometriosis, employers will need to facilitate reasonable adjustments to employees’ working arrangements. If menstrual or peri/menopausal health conditions satisfy the definition of disability under the Act, employers are under a positive duty to make reasonable adjustments to reduce any disadvantage associated with the condition.

Employers need to be aware of the possible discrimination claims that may arise when considering the treatment of menopausal individuals at work. In 2021 the number of employment tribunal cases that cited menopause increased by 44%.

Using the BSI workplace standard

The BSI standard may not be legally binding, but it may be relied upon by staff who feel that their organisation is failing to recognise how these conditions can impact an individual’s attendance, performance and wellbeing, or put support in place. Not acting appropriately could result in organisations losing key talent, and potentially facing grievances or tribunal claims. It is therefore important that employers familiarise themselves with the standard.

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Menstrual health and peri/menopause are workplace issues; not just women’s health issues. The BSI guidance highlights that transgender, non-binary, and gender-fluid people are all communities that may be affected too. Wider conversations need to take place with staff to change the way these conditions are perceived and supported, and encourage all individuals to talk openly about their own health and wellbeing.

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Sophia Zand

Sophia Zand is a senior associate in the employment team at Wilsons Solicitors. Sophia provides commercial and strategic advice to employers on a wide variety of employment matters including contracts, handbooks, restructures and redundancies, complex exits and grievance and disciplinary matters. Experienced in employment tribunal proceedings, she defends businesses in a broad range of claims.

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