The issue of menopause-related discrimination in the workplace has received some attention in the media recently and has also been a topic for wider discussion within organisations generally. 

Last month, the Women and Equalities Select Committee considered whether the menopause should be made a legally protected characteristic for discrimination claims, hearing that some women face discrimination, including inappropriate comments or missing out on pay or promotions if they are (or perceived to be) going through the menopause, regardless of whether they are experiencing symptoms.  

With huge variation in menopausal symptoms experienced by sufferers, there is no one size fits all, but commonly symptoms can be physical (for example, hot flushes, heavy periods and headaches) and psychological (for example, brain fog, anxiety and depression). The symptoms also vary in severity and can have a significant impact on a person's day-to-day activities and ability to perform as usual in the workplace.

Currently, anyone experiencing menopause-related discrimination would need to bring a claim on the grounds of sex, age or possibly disability discrimination as there is not a specific protected characteristic under the Equality Act 2010 that relates to the menopause.  One of the issues surrounding whether the menopause should be included as a standalone protected characteristic, is the need to help address the lack of clarity surrounding employer obligations towards women going through the menopause as well as trans and non-binary people who may also be experiencing symptoms. 

With the number of employment tribunal claims alleging menopause-related discrimination on the rise, it highlights to importance of raising awareness of the issues and of what employers can do to support staff and their wellbeing. 

Take away points for employers

Employers should ensure they have support mechanisms and procedures in place to help staff members affected by the menopause.  Employers should also be aware of the fact that non-binary and trans employees may also be affected as well as employees undergoing certain medical treatments.

Employers should consider the following practical suggestions:

• Training – make sure managers are trained to understand the issues and can talk and listen sensitively to staff, are able offer appropriate support and know what help and guidance is available within the organisation.
• Reasonable adjustments - consider whether any reasonable adjustments should be made to remove any disadvantages staff members may experience because of the menopause.  For example, agreeing to record absence because of the menopause separately from other sickness absence. 
• Menopause policy – more employers are now including a menopause policy in their staff handbooks.  It helps to make staff feel supported and can be a way for employers to explain the training that is provided, the support and guidance that is available to staff and, as well as dealing with practicalities such as point of contact, it can show that an organisation is open and sensitive to these issues affecting the workforce. 
• Menopause and Wellbeing Champions – having menopause and wellbeing champions can be a useful resource within an organisation, providing a point of contact for advice, support or raising awareness.