Menopause as disability: helpful or a hindrance?
By Jo Faragher on 5 March 2024
Last month, guidance was issued by the Equality and Human Rights Commission (EHRC) warning businesses that they could face legal action if they do not make reasonable adjustments for menopausal employees. From a legal perspective, this classifies menopause as a disability, and means employers could risk tribunal claims for disability discrimination if they don’t make the advised accommodations.
But while many menopausal and perimenopausal workers welcome a more open conversation about this stage of life and how it impacts on their careers, many have also aired concerns that classifying menopause as a disability could inadvertently make the stigma around discussing it worse. Criticisms included “this is a matter of health not law”, that creating ‘cool rooms’ for those with hot flushes or similar measures could imply that menopausal employees are no longer fit for work, or that bosses could shy away from hiring or promoting these workers in case they can’t manage the work or are more likely to sue.
We only need to look at the example set by train operator Avanti West Coast, which handed out menopausal women a gift bag including a fan (for hot sweats), a jelly baby (‘in case you want to bite someone’s head off), a paper clip (to help you keep it together), and a pencil (to write down the things you might forget). The Aslef union described the gift as an “insulting gimmick”, adding that “the menopause is debilitating for some women, it’s not a joke”. This shows that assuming that every menopausal employee needs to be treated the same way can be just as dangerous as ignoring the issues entirely.
Unique experience
Jo Lyall, founder of The Better Menopause consultancy, says the most important thing for employers to remember is that every menopause experience will be unique. “This is why any type of labelling is difficult,” she explains. “The way it manifests in one person will be completely different in another. You’re also potentially creating assumptions that every woman of a certain age is incapable of doing their jobs. We’ve been through this with pregnancy rights – managers who think ‘if I hire her, she’ll go off and have a baby’. Stereotypes can be damaging for women’s careers.”
Lyall also argues that classifying something that probably affects half of the workforce as a disability could be counter-productive. Instead, fostering a culture that enables anyone to feel at their best to do their job should be the focus. “The best advice is to ask your employees, rather than assuming everyone will need the same treatment or adjustments. One option is to offer access to experts on menopause, for example an appointment with a specialist doctor or practitioner. Many can’t access this without a fight or GP lottery via the NHS,” she adds.
Increasing awareness of how menopause could impact staff and educating all staff and managers is a good start, advises Nina Kuypers, founder of Black Women in Menopause – an organisation she set up after discovering there was a huge gap in information available about Black women’s experience of this life stage. She says: “Employers can start by raising awareness and understanding of menopause through education and training sessions for all staff, emphasising that menopause is a ‘natural’ part of life. Creating a menopause policy or integrating support into existing wellness programs provides a structured approach for assistance, ensuring that the needs of all employees, including those from underrepresented backgrounds, are addressed.”
Open conversations
Kuypers adds that the emphasis should be on open conversations, so employees feel comfortable discussing their needs without fear of stigma. On a practical level, providing access to resources such as counselling services will help, while adjustments such as temperature control at work and flexible working hours can make a significant difference in comfort and productivity. “Moreover, involving employees in the creation and review of menopause support initiatives ensures that measures are genuinely helpful and inclusive,” she adds. “Employers should also recognise the diverse experiences of menopause, considering the different impacts it may have across various cultures, genders, and individual health needs, to tailor support effectively. Implementing these strategies can create a more inclusive, empathetic, and supportive workplace for everyone.”
One of the challenges for managers around introducing a legal framework around menopause is that it is so different for every employee. “The fact we can’t give it a start date or it feels like a taboo subject can mean we second guess ourselves about whether what we’re saying is OK,” says Katie Howarth, head of people at YuLife, an insurance and employee benefits company. “The fact is that we don’t know all of the answers all of the time, so the key is for employers to be open – ask your employees to educate you on what’s important to them if you’re not sure. This goes much further than pretending you’re an expert.” Often women themselves are unsure if their symptoms are indicative of menopause or perimenopause or not, which makes the issues even harder to navigate.”
Practical support
YuLife has implemented a number of measures for its own employees as part of its wider female health policies, including access to a digital online menopause clinic called Stella, virtual GP appointments, and support groups via the company’s Slack messaging platform. The company was also one of the first in the UK to offer paid sick leave to employees experiencing menopause symptoms. “Employees can post articles, share experiences and advice about resources, it’s all about sharing and supporting each other at work,” she adds. Budget should not be a barrier to businesses that already have perks such as employee assistance programmes or medical insurance in place, as many will have female health or menopause-specific add-ons companies can introduce at limited extra cost.
That said, employers may still be concerned about any potential legal implications since the refreshed EHRC guidance. Kuypers adds: “Both small and large organisations might share concerns, however, the scale and nature of the worries could differ significantly. Concerns may stem from the apprehension of unintentionally doing something wrong or violating legal standards. Fear may be rooted in the possibility of facing legal challenges or inadvertently treating menopause-related support in a way that could be perceived as discriminatory.”
Kuypers also worries that organisations concerning themselves with the legal issues could stifle open conversation and proactive support. “To overcome this, clear guidance and training on the legal implications and best practices for supporting employees experiencing menopause is essential,” she says. “By embracing a culture of understanding and adaptability, organisations can navigate these challenges, turning potential legal concerns into opportunities for creating a more supportive work environment. It may also lead to a shift in dynamics, potentially tipping the conversation in the opposite direction. Either way overcoming this requires a nuanced approach.”
Authentic approach
As with any D&I initiative or intervention, the key is to offer it authentically, says Hazel Hayden, founder of the Independent Health and Wellbeing Group. “The thing with women’s health is it’s so much more nuanced than people imagine – not every woman will have the same menopause,” she explains. “What you have to do is be sincere. You need to mean it, not just pretend like you mean it. You can have a policy but if it’s not implemented the right way by managers then it will fall flat.”
If recent media coverage of the guidelines is anything to go by, there is certainly a positive outcome, with organisations keen to refresh their knowledge of their responsibilities and think about what they offer from a reproductive health perspective. The conversation has been opened up, and that in itself could be progress.
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