Often, successful claims against employers for discrimination relating to menopause could have been avoided with the training of staff, appropriate policies being put in place, and active implementation of those policies. Below are some thoughts for academies, multi-academy trusts, maintained schools and independent schools to consider, whether they are just starting to act on this topic or reviewing what is already in place and updating it within their school. 

Why is this important?

School support staff and teaching staff are predominantly female, with statistics for 2022/2023 showing 76% of teaching staff in the UK to be female. School workforce in England, Reporting year 2022 – Explore education statistics – GOV.UK 

(explore-education-statistics.service.gov.uk).

On 22 February 2024, the Equality and Human Rights Commission (EHRC) published guidance entitled, Menopause in the workplace: Guidance for employers https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers. The guidance is designed to help employers understand their legal obligations in relation to supporting staff experiencing menopausal symptoms. The publication of this guidance shows that this topic will continue to be one that has to be taken seriously.

This shows that supporting staff with menopause should be of particular importance to school leaders, both for staff going through menopause now as well as considering how to support other members of staff best when they enter that phase in their lives. Menopause usually affects women between the ages of 45 and 55. Menopause - NHS (www.nhs.uk).

From an employee relations and reputation perspective, schools should want to support colleagues actively. Appropriate support is likely to reduce absence, which in turn avoids the issue of finding cover (which could be short or longer-term) and additional pressure being placed on other staff members.

From a legal perspective, if matters are not dealt with reasonably, schools run the risk of discrimination claims and claims for constructive and unfair dismissal. Claims can be costly, time-consuming, and public, negatively impacting reputation.

Menopause advice for schools

There are several actions schools should consider:

• Review and act on the newly published EHRC guidance https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers

• Also, review and act on the Acas guidance for managing menopause at work - Managing the menopause - Menopause at work - Acas

• Implement a menopause policy or periodically review any current policy to ensure it remains fit for purpose. For multi-academy trusts, when drafting or updating the policy, ensure it will be appropriate for each academy within the trust and monitor implementation

• Undertake risk assessments to identify if there is anything within the workplace that may worsen menopause symptoms. Consider implementing modifications where appropriate 

• Educate - provide training for all staff, but particularly for Senior Leadership Teams and HR, to ensure they understand the effects menopause can have and how to support staff. Senior leaders and HR need to feel able to address any relevant matters with confidence and feel they can engage in open and honest conversations

• Appoint a menopause champion - this individual can provide support to those impacted by menopause and signpost them to other appropriate services if necessary

• Consider referrals to occupational health for guidance on how to support individuals who appear to be more seriously impacted. Although menopause is not a protected characteristic, depending on the severity of the symptoms, it could meet the definition of disability stated in the Equality Act 2010

Menopause case law examples

Below are some case law examples that illustrate what can go wrong if schools do not positively engage with supporting those impacted by menopause.
 

Mrs K Anderson (or Farquharson) v Thistle Marine (Peterhead) Ltd and J D Clark 2023 - The claimant had been an employee of the Respondent for 27 years. Upon informing her employer that she was going through menopause and the impact it was having on her, the employer was initially supportive and agreed to pay for private healthcare so the employee could discuss her symptoms and a treatment plan. Over the following year and a half, the employer became frustrated by the resulting impacts menopause was having on the employee and made some very costly comments to the employee: “menopause, menopause a’biddy f******g gets it, just get on wi’ it, that’s your excuse for everything” and “a’biddy has aches and pains”. The claimant received £37,000 in compensation for her employer’s actions, and the public tribunal judgment did not bode well for the employer’s reputation.

Ms L Best v Embark on Raw Ltd 2020 - The claimant was asked at work by a colleague, in the presence of a customer, if she was menopausal. The claimant made it clear that she did not wish to discuss the matter, but her colleague pursued the topic. The Tribunal found the persistent questioning amounted to harassment, and the claimant received compensation.

Had the advice above been implemented in these scenarios, the employers could have avoided the costs and negative publicity. Further, such situations impact employee morale beyond those involved and can negatively impact workplace culture. It is important for schools to consider the legal position, moral position and the culture they wish to stand for.

If you are a senior leader or HR professional within a maintained school, academy, multi-academy trust or independent school and would like to discuss a plan of action, a particular ongoing or anticipated situation in your school, or would like to undertake one of our training courses on the subject, please do get in touch. I can be contacted on 01206 217624 or via email at helena.oxley@birkettlong.co.uk