Tag Archive for: women in the workplace

Should Menopause be a ‘protected characteristic’ under The Equality Act 2010?

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You may have seen some debate in the news about whether Menopause should be considered a disability. In this article, we provide a summary of the guidance that started the recent debate, consider the pros and cons of this approach and look at the practical impact for employers.

EHRC Guidance

The Equality and Human Rights Commission (EHRC) produced new guidance in February 2024 and states that menopause could be classed as a disability under the Equality Act 2010 if the symptoms have a ‘long term and substantial impact on a woman’s day to day activities.’ The guidance confirms that a failure to make reasonable adjustments could leave employers open to challenges and claims. The guidance also reminds employers that women experiencing the menopause could be protected from discrimination on the grounds of age and/or sex.

The EHRC guidance refers to research carried out by the Chartered Institute of Personnel and Development (CIPD) which found that 67% of women in work between the ages of 40 and 60 who are experiencing menopausal symptoms found that they impacted negatively on their work, including:-

  • Experiencing higher levels of stress (68%)
  • Being less patient with their colleagues (49%)
  • Being less able to concentrate (79%)
  • Being less physically able to carry out work tasks (46%)

There are helpful videos within the EHRC guidance, setting out the obligations for employers and looking at how employers can make adjustments in the workplace.

It’s widely known that in extreme cases, some women may feel that they have no option but to leave employment when they are experiencing symptoms such as those set out above and research has found that employers may be losing 1 in 6 of the women due to their menopausal symptoms. In its submission to the Women and Equalities Select Committee, the CIPD suggests that women in the age range going through the menopause (usually between 45 and 55) are often at the height of their careers. If a proportion of those women feel that they have no option but to leave the workforce, the UK economy is potentially losing skilled and experienced women from the workforce, which in turn may impact the gender and pension pay gaps, and reduce the number of women in senior leadership positions.

So what’s changed?

In some ways the EHRC guidance is nothing new.  It is already possible for the symptoms of the menopause to be considered as a disability via the disability discrimination definition within the Equality Act 2010. However, commentary around the idea that the Menopause could or should be treated as a disability is divided.  

Some commentators welcome guidance for employers confirming their obligations around treating menopause symptoms as a possible disability.  Others, however, argue that the menopause is a natural period of transition for women and shouldn’t therefore be regarded as a disability. The menopause has not, so far at least, been classified as a protected characteristic under the Equality Act in its own right, in the way that pregnancy and maternity has, meaning that women have to rely on the legislation on the protected characteristics of disability, sex or age as the route for challenging any potentially discriminatory behaviour. A report by the Women and Equalities Committee, in July 2022, argued that the menopause should be designated as a protected characteristic under the Equality Act 2010 in its own right, but this change has yet to take place. Some commentators have suggested that using the disability route to challenge any discrimination may be limiting progress in this area and is based on a model which suggests that women’s bodies are in some way abnormal.

What does this mean for employers?

We will need to watch this space to see if any formal legislative changes are made to the Equality Act in this area. We anticipate that any such changes are likely to be a long way off. However, there is no question that the subject of the Menopause has become much less of a workplace ‘taboo’ over recent years and for employers this debate serves as a useful reminder to take the following steps:-

  • Policy – put in place or review policies around the menopause in the workplace to ensure that they are up to date and serve as living, breathing documents that employees know about and can easily locate
  • Training – train line managers on managers on the menopause so that they are better equipped to support colleagues experiencing difficult symptoms
  • Communications – be transparent with employees about the work being done within your organisation on the menopause; share resources, provide spaces for discussion and encourage open conversations to reduce stigma

For more information about how NQHR can help support your organisation to effectively manage the menopause in the workplace, please contact Caitlin Anniss in our team on 07909 683 938.

The Menopause at work – World Menopause Day 2023

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World Menopause Day is observed annually on October 18th. For HR professionals, it’s an opportunity to reflect on the work being done within their own organisations on this issue and a chance to foster inclusive workplaces by addressing the unique issues that menopausal employees encounter.

The menopause, a natural phase in a woman’s life typically occurring between the ages of 45 and 55, brings about physical and emotional changes. In the workplace, these changes can manifest in various ways, including hot flashes, sleep disturbances, mood swings, and cognitive changes. These symptoms can significantly impact an employee’s performance and well-being.

So, how can we best create a supportive workplace?

  • Awareness: The first step for HR professionals is to raise awareness among employees and managers about menopause. Offering workshops or information sessions can help eliminate misconceptions and reduce stigma.
  • Flexible working: Consider implementing flexible working arrangements, allowing employees to adapt their schedules to better manage their symptoms. Remote work options, adjusted hours, or reduced workload during difficult periods can make a significant difference.
  • Review your policies: Ensure that your organisation’s policies, including sickness absence and performance management, are menopause-friendly. Adapt them if needed and consider introducing a menopause policy.
  • Training for managers: Provide training to managers on how to support employees going through the menopause. Encourage open and empathetic conversations, making it easier for employees to discuss their needs.

There are many benefits of a menopause friendly workplace. Providing a supportive work environment is of course best practice. It also has benefits for your organisation, including improving retention rates, reducing absence rates, and improving the engagement of your employees.

World Menopause Day 2023 is a timely reminder for HR professionals to prioritise the well-being the issue of the menopause in the workplace. By taking proactive steps to raise awareness, adapt policies, and provide support, you can create a workplace that empowers women to navigate this natural life transition with confidence and dignity.

For further advice or guidance, or for training for line managers around the menopause and the workplace, please contact Caitlin Anniss in our team on 07909 683 938.

Championing Women in the Workplace – Creating a Future of Equality and Inclusion

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To update Jane Austin’s 19th century message with 21st century context, “It is a truth universally acknowledged that an employer in possession of a successful business must be in want of a male-dominated trust board and female support staff.“

The UK has been trying to address the disparity between men and women in the workplace since the introduction in 1975 of the Sex Discrimination Act. Nearly 50 years later, active steps continue to be taken to level the workplace to a point where gender ceases to be a factor.

We look at three such examples that have been in the spotlight this spring.

How Do Caring Responsibilities Limit Women’s Career Progression?

New research by Business in the Community (BITC) and Ipsos has found that women’s careers are held back due to the challenges of balancing work and caring responsibilities (including caring for children and other dependent relatives).

Around three in five women have avoided applying for a job or promotion because of concerns about how they would balance the job with their caring responsibilities. Meanwhile, only one in five men avoided applying for a job or promotion for this reason.

Latest trends show that more women than men in the UK are accessing Higher Education and gaining degrees. The participation level for young women attending University in the UK reached 55.7% in 2019-2020, compared to only 44.3% for young men. This suggests that more women than men have the requisite qualifications to be holding senior positions in the workplace. However, data suggests that employers are not utilising this resource effectively.

How Can You Demonstrate Your Commitment to Gender Equality at Work?

Ensure employees are aware of and understand family friendly policies such as flexible working and shared parental leave. In our experience as HR Consultants supporting our clients, requests for flexible working arrangements are almost exclusively made by women.

The option of shared parental leave came into force in the UK in 2014, allowing fathers/partners to take up to 12 months off work (instead of the mother taking up to a year’s maternity leave). However, applications for the male partner to share any part of the leave entitlement are still rare.

Promoting family friendly policies to both men and women should help to challenge the stigma around male care-givers, as well as any lingering stigma around working flexibly.

The Government is also looking to improve flexible working rights in the UK, with consultation currently underway – we will report separately on this as changes are implemented.

Setting the Culture

You can further improve equality in your workplace by embracing a shift in culture. Reflect on your workforce and take proactive steps to embed change – for example:

• Consider caring the norm, not the exception.

• Champion equitable access to care for all genders in your policies.

• Foster a culture that supports men to care.

• Promote flexible working directly to men.

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Normalising Career Gaps

Are we seeing a global change in attitude about time off work? Having carried out an international survey, LinkedIn suggests we are.

The stigma of career breaks is gradually being eroded, with employers increasingly accepting gaps and recognising the positive advantages that can be gained from extended breaks.

Staff who have travelled, taken time to pursue personal goals, cared for loved ones or just looked after their own health are recognised as benefitting from a crucial developmental advantage, both personally and professionally, when they return to the workplace.

As testament to this, LinkedIn has introduced a new career feature that allows users to add career breaks to their profiles. The feature includes a choice of 13 different reasons for your career gap, including travel, career transition, bereavement, personal goal pursuit, gap year, voluntary work and care-giving.

Women currently represent the largest demographic of people taking career breaks. Around two thirds of career-break-related posts on LinkedIn are by women.

As time out of the workplace becomes increasingly accepted by employers and society alike, whether taken by men or women, the disproportionate impact that care-giving currently has on women’s career progression and earnings potential should gradually be mitigated.

How Can Employers Support this Trend?

What can you do as an employer to replicate the global trend, to retain your best staff and remain an attractive employer to strong candidates?

  • At interview, explore the gaps and contextualise the benefits gained that will transfer to the workplace.
  • Meaningfully promote the offer of sabbatical leave to your staff. We have seen a sharp increase in companies offering sabbaticals, coupled with more programmes available to help employees transition back into work after a break.
  • Embrace a culture where both employer and employee recognise the mutual advantages that career breaks can deliver.

Increasing Representation

Further efforts to address the disparity between men and women in the workplace are being implemented from the top down, with the FTSE reporting earlier this year that of the UK’s top 100 companies, the composition of men and women sitting at board level is creeping slowly towards a 50:50 split, to represent the UK population’s demographic.

As at 22 February 2022, women held 39.1% of FTSE 100 Board positions, although 15 companies in the top 100 have yet to achieve the target of 33% of women sitting around the board table. That target is due to increase to a minimum of 40% of women on the top 350 FTSE Boards, by 2025.

If you would like further advice on family friendly policies or to discuss steps to address gender disparity in your workplace, please contact Jo Bradbury in our team on 07570 372118.