Menopause In The Workplace – An Employee’s Guide

Every employee in the UK has had the right to request flexible working provided they have worked for their employer for at least 26 weeks.

Many employers say they will listen to flexible working requests from day one of employment. Flexible working may be particularly helpful if you’re going through the menopause.

As part of a flexible working request you can ask to:

• Change the time you start or finish work (or for your start/finish time to be flexible)
• Work from home more often
• Reduce your hours or suggest a job share.

If you choose to make a flexible working request, it’s helpful to mention that you’re making your request because you’re going through the menopause. While your employer doesn’t have to grant your request, they do have to consider it in a “reasonable manner”. They will also need to think about whether refusing your request might be seen as discriminatory. How you frame your request is important.

Our lawyers can help you draft a flexible working request to maximise your chances of it being successful.

You may be signed off for symptoms caused by the menopause (for example anxiety and depression, joint pains and sleeplessness). When speaking with your GP you should explain the symptoms you have as fully as possible. Ask whether they think these symptoms are related to the menopause, and if possible to reference that on your doctor’s note (fit note).

Many GPs don’t have specialist knowledge of the menopause, and may not immediately link symptoms to the hormonal changes you’re going through. Be persistent and do your research. To help you have better conversations with your GP, you should record and track your symptoms – the free Balance app is a great way to do this. If you’d prefer to speak to a specialist, The British Menopause Society website has a tool that allows you to find a menopause specialist near you.

It’s important to be open and honest with your employer when taking time off work for menopausal symptoms. While it’s natural to worry about how taking time off may look, being upfront about it with your employer can help.

Employers shouldn’t treat all women who are affected by menopause symptoms in the same way - some women suffer more than others. But it’s important to discuss your own situation and your employer should try to support you where they reasonably can.

Your employer might be able to make some “reasonable adjustments” which could include:

• Recording menopause related absences separately
• Allowing you to work flexibly (for example by starting at a later time, or working from home)
• Giving you more time to improve your performance or attendance.

If you've been dismissed or forced to leave your job, you may be able to take your case to the Employment Tribunal on the basis of unfair dismissal, constructive dismissal or discrimination. Unfair Or

Constructive Dismissal Claims

You might feel that you can’t challenge your employer if they’ve dismissed you for reasons such as poor attendance, misconduct or poor performance. However, you might be able to appeal your dismissal if your employer hasn’t:

• Properly considered how your menopausal symptoms are relevant to the issues it was unhappy with
• Followed a fair procedure when dismissing you.

If your appeal isn’t successful you may then be able to make an unfair dismissal claim. You have three months less one day from the date your employment ended to make an unfair dismissal claim in the Employment Tribunal, regardless of whether or not your appeal has been heard. You’ll need to have worked for your employer for at least two years to make a claim for unfair dismissal (although if the dismissal is discriminatory you do not need two years of service).

If you feel that you’ve been forced out of your role because of a lack of support by your employer, you make be able to make a constructive dismissal claim. It’s a good idea to get legal advice as soon as possible to understand if you’ve been treated unfairly. There are strict time limits that apply though so don’t delay – you have three months less one day from the date your employment ended to start a claim.

Discrimination Claims

Although the menopause isn’t specifically protected under the Equality Act, you might be protected from discrimination through another “protected characteristic” such as disability, sex or age.

Most discrimination claims are made on the basis that menopausal symptoms can be considered a disability. To be successful with these claims, you must be able to show that your symptoms have had a big impact on your ability to do normal day-to-day activities, over a period of 12 months or more (or are likely to extend over 12 months or more). In the context of work, normal day-to-day activities could include being unable to keep to a timetable or shift pattern, or not being able to concentrate.

Even if you haven’t told your employer that you’re going through the menopause, you may still be able to make a discrimination claim. Your employer should investigate the underlying reasons for your behaviour or poor performance before taking disciplinary action against you. There are strict time limits for making discrimination claims - three months less one day from the last discriminatory act. If you feel you’ve been discriminated against, it’s sensible to get advice at an early stage.