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GenderDisability discriminationLatest NewsAgeEquality, diversity and inclusion

Menopause leave rejected, but what’s the alternative?

by Emma Thomson 28 Feb 2023
by Emma Thomson 28 Feb 2023 Image: Shutterstock
Image: Shutterstock

The UK government may have turned down the idea of ‘menopause leave’, but menopause should not be ignored by employers. Emma Thomson looks at some alternatives employers can voluntarily put in place. 

The government has decided to reject a proposal to pilot a menopause leave proposal in England. But is it making the right call?

It’s a tricky question. Arguably, some of the concerns cited by the government seem a little far-fetched: in particular, the idea that amending the Equality Act to include menopause as a protected characteristic could unintentionally lead to discrimination towards men suffering from long-term medical conditions.

However, there is a case for the argument that it could be counterproductive, in the sense that it would discourage employers from administering other policies that already support women experiencing menopause – like flexible working.

Also, while most of the substantive recommendations have been rejected, it is important to remember that individuals can still bring an employment tribunal based on the protected characteristics of age, disability or sex. These protections are available for employees if they have been put at a disadvantage and treated less favourably as a result of their menopause and/or symptoms.

Menopause leave alternatives

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NHS menopause guidance recommends flexible working

Further to this, women experiencing more severe menopause symptoms (where it’s impacting their ability to do everyday tasks) can make a disability discrimination claim if their employer has failed to make reasonable adjustments for them in the workplace.

Menopause leave alternatives

Women shouldn’t have to make menopause-related employment tribunal claims in the first place. There are a number of steps employers can take to prevent discrimination and improve wellbeing in the workplace relating to menopause, including:

1. Implementing a menopause policy

This would help to remove the stigma of menopause by explaining what it is, how it can affect people, and what support is available to staff. Employers could appoint a “menopause champion” who would be in charge of promoting the policy. Doing this provides a really helpful way of clarifying the behavioural expectations of both employees and employers when a member of staff is experiencing symptoms of the menopause. So, while it’s not currently a legal requirement for companies to have a menopause policy, they should still be looking to implement one.

2. Referring to menopause in other policies

Referring to menopause in other policies will help pave the way towards normalising menopause. It is something millions of women are going through each day. Provisions for other normal facts of life, like the fact that people sometimes get the flu (and take time off sick without speculation or stigma) or have caring responsibilities (and can therefore work flexibly) should incorporate the menopause.

3. Providing training for staff (including managers)

Training about menopause and its effect is a hugely effective way of overcoming stigma. Through workshops, webinars and discussions, employers can create a company-wide awareness and understanding of menopause and how people experiencing it are affected.

4. Risk assessments

Undertaking risk assessments (including for staff who work from home) will ensure that menopause symptoms are not worsened by the workplace and that changes are made where appropriate. Simple changes could make a big difference to staff, including the temperature of the office, having cold drinking water available, or changing the material of a uniform.

Menopause leave may not become a legal requirement any time soon, but employers still have a responsibility to create healthy and respectful workplaces for employees experiencing this transition.

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Emma Thomson
Emma Thomson

Emma Thomson is an associate at Ogletree Deakins, with a background in employment law and commercial litigation. She has advised clients on restructuring and redundancy processes, workplace investigations and disciplinary processes and provided advice on employment and health and safety legislation.

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