Menopause Matters

World Menopause Day is coming up on the 18 October 2024 and it’s a great opportunity for employers to reflect on whether they are fully supporting employees affected by the menopause.

We know that the menopause is a natural part of aging. It is not something new so why are we talking about it? Simply because the population and the ‘working landscape’ are changing. We are an aging population and women of menopausal age are now the fastest growing workforce demographic. Over 600,000 women in Ireland are affected by the perimenopause or menopause at any one time. Many in the workforce are therefore affected, so employers need to be aware of the issues and how best to provide support.

Is Menopause protected by the Employment Equality Acts?

While there are no specific laws in Ireland that directly address menopause, issues connected to the menopause can lead to claims of sex, age and/or disability discrimination claims being brought under the Employment Equality Acts. Employers must therefore be cognisant that menopause has the potential to adversely impact women’s workplace performance and associated symptoms may need additional consideration, support and adjustment.

What’s happening in the UK?

WRC cases involving menopause in the workplace are still unchartered territory. There have been two recent cases in the UK connected to the menopause which indicate the direction of travel in Ireland.

In A v Bon Marche Limited [2020]  the claimant was subjected to a lengthy course of harassment and abuse by her line manager in relation to being a female of menopause age was found to have been discriminated against. The Tribunal found that the claimant was unlawfully discriminated on grounds of age and sex. The Tribunal ordered £27,975 in compensation.

The case of Davies v Scottish Courts and Tribunal Service SCTS (2018)  was the first UK menopause related tribunal case that was won on the grounds of disability discrimination. The employee was suffering from a host of menopause-related symptoms and had been prescribed medication for cystisis. She kept the granulated medication in her desk to be dissolved in water. However, on returning to her desk, she found her personal items had been moved and the water jug on her table was empty. Concerned to see two men drinking water, she alerted them to the fact it could potentially contain her medication. Although it transpired the medication was not in the water – which would have turned pink if so – her employer’s health and safety team subjected her to a rigorous investigation. The Tribunal found this went far beyond the issues it should have been examining. Ms Davies was disciplined and was ultimately dismissed her on the grounds of gross misconduct. Her internal appeal was unsuccessful. The Tribunal held that Ms Davies had been unfairly dismissed and subjected to disability discrimination. The Tribunal ordered reinstatement, £14,000 to compensate her for lost pay between the period of dismissal and reinstatement, plus £5,000 in respect of injury to feelings.

What should employers think about?

Menopause should be thought about as a positive way to retain talent, enable succession planning and create an inclusive and diverse working environment. There are so many things that employers can think about. We have included some top tips below:

• Let’s talk about the menopause: Engender an organisational culture in which women feel supported. Women should feel able to talk to colleagues and managers about the effects that the menopause may be having on their working lives. Practical and emotional support from colleagues, line managers and HR is important.
• Education: Resources, education and organisation-wide training sessions will help promote awareness and the right attitude.
  The office environment: Employers should implement practical measures to enhance the quality of working life for employees experiencing menopausal symptoms. This may include providing amenities such as fans, access to cooler spaces, or flexibility in the workplace dress code.
• Flexibility: One woman may ‘sail through’ the menopause whereas another may suffer from a number of quite debilitating symptoms. Employers may consider offering flexible working arrangements such as altering working hours or allowing remote work in order to accommodate for women experiencing menopausal symptoms.
• Impact on performance: When carrying out performance reviews, take account of detrimental effects of the menopause.
• Sickness and absence management: Factor the menopause into your sickness absence policy. Women shouldn’t suffer a detriment stemming from the time they take off work because of the menopause. Treat the menopause as an occupational health issue. There should be an overall emphasis in work on confidentiality, privacy and access to relevant experts.

Talent retention, board room diversity and gender pay gap matters are all factors that do link in with managing and supporting women through the menopause in the workplace. What will sometimes be very simple and straightforward alterations or changes may provide much greater potential for participation of older women in the workplace.