Menopause in the workplace: A costly lesson for employers

An incorrect choice of words has cost one employer £37,000 in compensation and a tonne of unwelcome media attention for all the wrong reasons.

Mrs Anderson was an office manager employed by Thistle Marine for 27 years. She was hardworking and well thought of by the owners and directors of the business.

In August 2021, she informed her employer that she was going through menopause and was experiencing symptoms, including a loss of concentration, brain fog, and anxiety. Whilst she made no request for any modifications to her working arrangements, her employer was initially supportive and agreed to pay for private healthcare so that she could discuss her symptoms with a doctor and for a treatment plan to be agreed upon.

In December 2022, she worked from home for two days, first because of heavy snow and then because she was unwell due to "heavy menopausal bleeding". Upon her return to the office, she was greeted by the company director, Jim Clark, who commented, "Oh, I see you've made it in!" Mrs Anderson began to explain why she had not been in the office simply to be given a "disgusted look" by Mr Clark before he walked away.

Mrs Anderson reported his behaviour to HR and was accused of strolling in and out of work whenever it pleased her, doing what she pleased, and was questioned about the number of days off she had taken that year, including holiday. Mr Clark then made the costly comment: "Menopause, menopause, a biddy f*****g gets it; just get on with it—that's your excuse for everything".

Mrs Anderson was so upset at Mr Clark's remarks that she was absent with stress and submitted a grievance regarding her treatment. Her remote access to work systems was cut days later, meaning she could no longer work from home. She eventually resigned from her role before bringing claims of constructive unfair dismissal and harassment on the grounds of sex against both the company and Mr Clark individually.

The employment tribunal was left with "the strong impression" that Mr Clark was "spoiling for an opportunity to have a 'go' at the claimant". Despite Mr Clark's actions being sufficiently serious to have allowed Mrs Anderson to resign with immediate effect, she instead sought to try to repair the relationship by raising a grievance. The company, therefore, had no cause to remove her computer access.

The Scottish Employment Tribunal 'had no difficulty in accepting' Mrs Anderson had been harassed and unfairly dismissed, and she was awarded compensation of £37,000.

What can employers take from this case?

It is worthy of note for employers who may not yet be convinced of the importance of appropriate menopause support in the workplace that the number of claims centred around menopause has tripled in less than two years, with a key similarity being the language used in the workplace. There are often reports of throwaway comments or derogatory language aimed at someone who has spoken up about going through menopause. For a condition once referred to as "the change" and taboo, clearly the language, attitude, and support in the workplace must change. This case is an example. It highlights the need for employers to be proactively educating and training staff about menopause, appropriate and inoffensive ways to refer to a natural life event, and how to support staff going through menopause.

It is also worthy of note that women in their fifties who are likely to be experiencing symptoms of menopause are the fastest growing segment of the workforce. This is not a situation that employers should ignore. Employers need to be wary that if they fail to support employees who are going through menopause in a fair way, as well as equip those around them and provide that support, they risk things being said and support not being given, which can result in claims for constructive and unfair dismissal as well as discrimination, as seen in this case.

How we can help

1. Drafting a menopause policy

Employers are recommended to have a menopause policy which clearly outlines an organisation's procedures to support and assist those going through menopause. As there is no one-size-fits-all approach, we can work with you to prepare bespoke policies which focus on your commitment to constructive, open, and honest conversations about the impact of menopause on staff and the type of support available.

2. Training management and HR representatives

It is important for employers to ensure that all management and HR representatives, in particular, are fully aware of the menopause policy and are able to confidently respond to and support colleagues in a non-discriminatory and open manner. All employees will feel more comfortable and secure.

We can provide training that will ensure management, HR representatives, and staff understand how the law relates to menopause, how to talk with and encourage staff to raise any menopause concerns, how different stages and types of menopause can affect staff, what support and workplace changes are available to staff, how to deal with menopause issues sensitively and fairly, and how gender identity links to the menopause and why it is important.

If you have any questions or would like support in managing menopause in the workplace or require the appropriate policies or training, please get in touch with the BLHR & Employment Team at Birkett Long. We will be happy to discuss how we can help. We offer a fixed fee BLHR service which you can access here. Please contact me via email at samantha.randall@birkettlong.co.uk or call me on 01245 453838.