Going through the menopause at work? 6 questions on your legal rights

IF you’ve found yourself struggling to do a job you’ve had for years thanks to the menopause, you’re not alone.

Hundreds of thousands of women have left their careers because they are unable to carry on while battling the long list of menopause symptoms.

Getty

Women CAN stay at work during the menopause – but it can be tough[/caption]

Without the right support, women dealing with the menopause and its symptoms can end up losing confidence in their abilities at work, or even feel too sick to work. 

It’s one of the issues The Sun’s Fabulous Menopause Matters campaign is tackling head on, calling for all workplaces to have a policy in place for menopausal women.

Neha Thethi, Head of Employment at Lime Solicitors, told The Sun: “Women make up nearly half of the UK workforce and as more employees go through the menopause during their working lives, employers need to be aware of the impact in the workplace. 

“Unfortunately, statistics have shown that a high number of women have been forced to quit their jobs because of the menopause. 

“It shows there is clearly a need for better support.

“There are clear, compelling reasons for supporting menopausal women in the workplace. 

“The organisation will benefit from increased engagement, motivation and loyalty, as well as lower sickness absence and retention.”

While change is on the horizon – and already being put in place by some – that may not help your situation right now.

Knowing your legal rights, and how to address them at work, could keep you in your beloved job.

Here we answer some common questions…

1. My job is harder now, what shall I do?

Anxiety, hot flushes, brain fog – it’s no wonder work is harder if you’re dealing with these symptoms regularly.

Firstly, if your symptoms are having an impact on your daily life, it’s worth seeing your doctor to talk about how to manage them, with either lifestyle changes or medicine.

But for now, let’s focus on the work. 

Neha says: “It is a good idea for employers to talk to staff about any reasonable adjustments that could help them do their job.”

While this may seem daunting, you may find that your boss is understanding and there may already be policies in place to help.

ACAS, a non-departmental public body in the UK, suggests employers assess the temperature of the workplace, the material of uniform, whether toilets or resting areas are easy to access and if there is cool water available.

Changes to work may include: 

• additional time to carry out tasks
• changes to job duties
• breaks when needed
• change where the worker sits, for example to be closer to a window or aircon
• working from home where practical
• wearing a different uniform 

“Staff should also be given a reasonable amount of time to adjust to any changes made,” says Neha.

“The Health and Safety at Work Act 1974 says an employer must, where reasonably practical, ensure health, safety and welfare at work.”

2. Do I have to tell my employer I am menopausal?

It’s a conversation you likely won’t look forward to having, but telling your boss you are experiencing the menopause could work massively in your favour.

Employers are advised to handle the menopause, and the way it affects work, sensitively.

If your brain fog is causing you to make mistakes, or your anxiety forces you to cancel a meeting, your manager may be more understanding if they know why.

Unison, the public service union, says: “The employer should take into account the impact menopausal symptoms may temporarily have on a woman’s workplace performance with possible memory loss, poor concentration, fatigue, lack of confidence and other symptoms.”

But it’s easier said than done.

“In many workplaces the menopause is still a taboo, causing many women to suffer in silence rather than disclose to their employer,” says Neha.

Workplaces are encouraged to make conversations about the menopause more open so it isn’t so embarrassing for workers to bring up.

This may mean running workshops to raise awareness amongst staff and having a wellbeing champion or HR member to specifically support women at work.

3. Can I call in sick?

If your symptoms have left you feeling unable to face the working day, you may consider calling in sick.

At this point, it’s useful if you have already had a discussion with your employer to warn them you may want or need some time off.

“When someone is off sick because of the menopause, the employer should record these absences separately from other absences,” argues Neha.

“This is because there may be times when it could be unfair or discriminatory to measure menopause-related absence as part of the person’s overall attendance record. 

“It is also good practice for an employer to allow staff to go to medical appointments related to the menopause.”

However, there is no law for this type of time off.

“Employees and workers might have a right to paid or unpaid time off written in their employment contracts,” says Neha.

“As with other sickness, a doctor’s note may be required for prolonged periods of absence.”

4. Can I take leave?

Many workplaces allow you to take leave for health problems, like stress.

Menopause leave is not an automatic right, however.

“This is because the menopause and perimenopause are not specifically protected under the Equality Act 2010,” explains Neha.

5. Is it discriminatory for workplaces to ignore menopause?

Neha says while there is no specific protection for menopausal women currently, they still can fall under a number of other categories.

“It is important to note there are certain pieces of legislation to protect employees.”

These include:

• Sex discrimination: “Unfair treatment of a worker because of their sex could lead to a sex discrimination claim, for example if an employer treats a woman’s menopause symptoms less seriously than it would a male worker’s health condition when considering a drop in job performance.”
• Disability discrimination: “A disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. This is a broad definition and a worker’s menopause or perimenopause could potentially be regarded as a disability.”
• Age discrimination: “Workers are protected against unfair treatment because of their age. This may include unfair treatment of workers because they are going through the perimenopause or menopause.”

6. What workplace policies do already exist?

“There is no legal requirement to have a menopause policy,” says Neha.

“However, there is a clear argument and backing for a wider menopause at work policy that could sit alongside pregnancy rights in any HR handbook.”

Businesses are coming under growing pressure to ensure they have a menopause policy that supports employees – for example, from The Sun’s campaign.

In July 2021, the Women and Equalities Committee launched a new inquiry seeking to understand whether current legislation goes far enough to support menopausal women.

Neha says: “It has not ruled out the possibility of recommending that the law be changed to make menopause a standalone protected characteristic.”