WHAT IS MENOPAUSE?
Menopause occurs when a woman goes twelve consecutive months without a menstrual period and is no longer able to become pregnant via natural conception. Menopause is a component of the ageing process. It usually occurs between the ages of 45 and 55, concurrent with when oestrogen level declines. In the UK, the average age for a woman to reach menopause is 51. Common symptoms of menopause include hot flushes, night sweats, vaginal dryness, difficulty sleeping, anxiety, reduced libido, and problems with memory and concentration.
THE IMPACT OF MENOPAUSE
Amanda Griffiths, a Professor of Occupational Health Psychology at the University of Nottingham conducted substantial research on the impact of menopause on working women. She stated that it had “quite a significant impact” on the personal and professional lives of up to a quarter of women. Similarly, a 2019 survey conducted by BUPA UK and the Chartered Institute for Personnel and Development (CIPD) found that three in five menopausal women were negatively affected at work and that almost 900,000 women in the UK left their jobs because of menopausal symptoms.
Furthermore, a 2021 UK poll conducted by Newson Health Research and Education found that the majority of woman believed menopause, including the months and years in the lead-up, had a significant impact on their careers, subjecting many to take time away.
THE LAW ON MENOPAUSE – IS THERE A GAP?
Considering the strenuous impact menopause has on the body, some scholars believe that menopause should be regarded as a disability under the Equality Act 2010. For the purposes of the Act, a person is disabled if they have a physical or mental impairment, and the impairment has substantial and long-term adverse effects on their ability to carry out normal day-to-day activities. Under this Act, menopause discrimination could be covered under an intersectional understanding of three protected characteristics: age, sex, and disability. Moreover, the Health and Safety at Work Act 1974 provides for safe working, which extends to working conditions when experiencing menopausal symptoms. However, many MPs have suggested that workplaces must have measures in place in order to protect women going through menopause, proposing that a menopause policy should be as commonplace as maternity schemes in businesses and organisations. One of its biggest advocates is the Labour MP Carolyn Harris: “You wouldn’t dream of having a workplace where people weren’t entitled to certain things because they were pregnant, and it’s exactly the same for women with the menopause. I firmly believe there should be legislation to make sure every workplace has a menopause policy, just like they have a maternity policy."
In recent years, women are harnessing the law to compel bosses to acknowledge menopausal symptoms, and fight against unfair workplace treatment. A recent instance of this can be found in Rooney v Leicester City Council 2021.
ROONEY V LEICESTER CITY COUNCIL 2021
Mrs Rooney worked as a childcare social worker for Leicester City Council. During her employment, she suffered from menopausal and peri-menopausal symptoms, including physical, mental, and psychological effects such as insomnia, light-headedness, confusion, stress, depression, anxiety, palpitations, memory loss, migraines, and hot flushes. Collectively, these had had a negative impact on her life to the extent that she had struggled physically and mentally to cope. She contended that her menopausal symptoms, particularly those of anxiety and depression, were exacerbated by work-related stress, and that menopause is a disability that was overlooked by her employers. At first instance, the employment tribunal dismissed Mrs Rooney’s disability discrimination claim. However, on appeal, her claim was upheld, and the Appeal Tribunal held that the employment tribunal erred by holding that Mrs Rooney was not a disabled person. The finding in Rooney contributed to legal history as the first ever ruling by the UK Employment Appeal Tribunal on the possibility of menopausal symptoms to amount to a disability for purposes set out in the Equality Act 2010.
SHOULD MENOPAUSE BE CLASSED AS A DISABILITY?
Although the Employment Appeal Tribunal recognising menopause as a ‘disability’ is arguably a step in the right direction, currently, there is no legislation that specifically relates to menopause, nor is there a legal obligation for employers to have a menopause policy. As stated previously, whilst there are calls to implement workplace policies, these would ultimately serve as educational tools. Having a policy which normalises flexible working for this demographic can help to alleviate potential bias or misunderstanding. Also, organisations can ensure that women feel recognised and included. However, there are also concerns about the terminology in classing menopause as a ‘disability’ is potentially contentious. Charlotte Geesin (Head of Employment Law and Business Immigration at Howarths) highlights that ‘Menopause is not an impairment: it is a natural part of being a woman, and reference to disability suggests inability, giving rise to the suggestion that something is wrong.’ She concludes that increased workplace protections would be welcome, but a label of disability “will do more harm than good.” I agree that classifying menopause as a ‘disability’ suggests that menopause is abnormal and ‘other’. Instead, menopause should itself be a specific protected characteristic, similar to pregnancy and maternity, rather than under the umbrella term ‘disability’. Thus, if a woman is put at a disadvantage and treated less favourably due to her menopausal symptoms, this would evidently be discrimination.
Overall, menopause is still regarded as a taboo subject. The key to improving our society for those suffering with menopause is to be more transparent and have candid discussions about the profound effects menopause has on (working) women. A supportive culture is required to support and facilitate women in the workplace.
Melina is a law student at the University of Aberdeen, currently in her penultimate year. She is passionate about advocacy in the fields of public international law, human rights and family law.