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Background

The employee had concerns that the company would need to close within four months if further investment wasn’t made – she made these concerns clear to the CEO. The CEO told another colleague that she was only acting like this ‘because she was menopausal’ and then failed to do anything about the concerns for over five weeks. The employee was also removed as a director and threatened with dismissal if she continued to pursue her concerns.

She resigned and brought claims for age and sex discrimination (amongst others). The tribunal found she had been discriminated against because a “male or younger female comparator” would not have had such a comment directed at them.

Practical takeaways 

Setting the tone – the obvious takeaway is that comments like this are unacceptable. However, ensuring senior team members set the right tone on topics such as menopause is key to ensuring a zero-tolerance approach throughout the rest of your business.

Education and understanding – a menopause policy is a great way to show your intention to create a culture of understanding, support those who may be experiencing symptoms, and provide your managers with the confidence to deal with situations appropriately and lawfully.

Training – great policies often fail without training to back them up. Around 77% of businesses still don’t train line managers about menopause (let alone the wider business!). Not only does training raise awareness, but it also shows that you’re serious about supporting and educating everyone throughout your business about these topics.

Background

The employee was experiencing serious menopause symptoms resulting in her working from home two days a week. Her symptoms meant she arrived late to work on one occasion and was questioned aggressively by her manager who suggested her menopause symptoms were an “excuse for everything” and referred to her as an “old biddy”. She subsequently raised a grievance and was signed off work. During this time her remote working access was cut off, leading to her resignation.

The tribunal held that the behaviour had violated her dignity and upheld her claims for harassment and unfair dismissal, awarding £37,000 in compensation.

Practical takeaways

Proactive support – supporting employees experiencing menopause symptoms begins with understanding. Everyone is different, so having supportive conversations and securing expert guidance (such as occupational health) means you can provide the employee with the specific support they need.

Raising awareness – it’s currently Menopause Awareness Month so no better opportunity to introduce a menopause policy or shout about the one you’ve got! You can access ours on Intelligent Employment. The more awareness around the topic the easier it is to build a culture of understanding, support those affected, and ensure managers have the confidence to deal with situations appropriately and lawfully.

Training – great policies often fail without training to back them up. Around 77% of businesses still don’t train line managers about menopause. Not only does training raise awareness, but it also shows that you’re serious about support and ensuring your managers are able to give the help where and when it’s needed.

Future guidance – after a series of cases involving the treatment of individuals with menopause symptoms, the Equality and Human Rights Commission will be launching new guidance for employers on supporting employees going through the menopause.

Background

The employee’s menopause symptoms meant she began to struggle to meet usual performance standards. She accepted an offer to move to another role (at a lower salary) but again struggled with performance, with ‘confidence issues’ being cited. She was threatened with disciplinary action if her performance didn’t improve.

An occupational health report advised that her symptoms probably amounted to a disability and suggested eight reasonable adjustments to support her. Despite this, her employer issued her with a first-stage warning with a “success plan” and failed to make the adjustments suggested. She resigned and brought a claim for failure to make reasonable adjustments and disability discrimination. The tribunal agreed and awarded £23,000 for injury to feelings, £2,500 for aggravated damages, and over £30,000 for loss of past and future earnings (plus interest).

Practical takeaways

Policy – introducing a menopause policy will help to build a more open culture of understanding to support those affected. It will also help guide situations like this and ensure those involved are clear about their responsibilities.

Training – a great policy often fails without training. Did you know 77% of businesses don’t train their line managers about menopause? Training colleagues helps them to approach conversations with confidence and ensure they are respectful of the law and the individual’s needs.

Understanding – every individual is different. Securing expert support (an occupational health report in this case but other options are available) means you’re equipping yourselves with the tools to deal with the situation appropriately.

Actions – it’s no good having a great policy, delivering training, taking expert views and then ignoring it all. You need to show you’re respectful of your own policies, follow the training you’ve given, embraced expert opinion and then delivered a course of action in line with legal and business requirements.

Advice – early advice means legal and cultural goals can be achieved and avoids ‘unpicking’ legal breaches (if possible).