Menopause, Menstrual Health and Workplace Policies

Jul 12, 2023

Last week, the British Standards Institution (BSI) celebrated the launch of its new guidance aimed at supporting employers to better retain experienced employees by enabling them to prioritise the needs of those experiencing menstruation or menopause. ‘Understanding the Menopause and Menstrual Health’ sets out recommendations and guidance for creating a more inclusive workplace, an important facet of which is the implementation of effective workplace policies.

The Menopause and Menstrual Health

In a recent global survey, Deloitte found that 41% of women had worked through symptoms related to menstruation, with 19% of women stating that they had taken time off because of the symptoms but had not disclosed the reason to their employer.

Regarding the menopause, the Fawcett Society’s ‘Menopause in the Workplace’ report, found that 10% of women in the UK who worked during the menopause had left the workforce due to the symptoms they experienced. Added to this, 28% of women had either reduced their hours or gone part-time, with another 8% stating that they had not applied for promotions, due the symptoms of the menopause.

Clearly, menstruation and menopause contribute significantly to productivity loss in the workplace. Further, the menopause has a detrimental impact on women’s career progression and can be seen to be a major contributing factor to the size of the gender pay gap. This underlines the vital importance of adopting good workplace practices to support those employees affected.

The BSI guidance recognises that many employers wish to provide better support for employees experiencing menstruation and menopause, however, there is a general lack of knowledge surrounding how to do this. For this reason, the BSI guidance sets out recommendations aimed at providing employers with practical adjustments that will help create an inclusive workplace which values affected employees and supports them to remain within the workforce.

The standard provides steps for consideration, such as:

  • Considering the workplace culture to determine whether there is a general awareness of menstruation and menopause and whether employees are given opportunities for open conversations or to request support
  • Looking at whether line managers and HR managers are suitably trained or receive suitable resources to understand the potential impact of menstruation and menopause;
    Reviewing whether the workplace environment is properly controlled and if there are facilities, such as easily accessible toilets, discrete changing rooms, or quiet recovery spaces
  • Looking at whether work setups enable flexibility for an individual approach. Aspects could include scheduling, timings of breaks, comfort adjustments such as access to individual cooling or heating, and opportunities for sitting or stretching

Policy Guidance

The BSI guidance recognises the importance of implementing effective policies in creating an inclusive workplace, stating that policies should be reviewed to ensure that they provide employees with a fair and consistent approach to matters relating to menstruation and menopause. Some policy-related recommendations include:

  • Consideration of how the employer’s approach to menstruation and menopause can be integrated into existing policies, by cross-referencing or merging policies to improve inclusion
  • Reflection on how other relevant policies, such as those on diversity and inclusion or performance management, can be used to support menstrual and menopausal health;
    Verifying that absence and attendance management programs allow for menstrual and menopausal symptoms and experiences
  • Implementation of recruitment, training and progression practices that are inclusive of menstrual and menopausal health

Taking such steps to update workplace policies in line with these recommendations will serve to increase the likelihood that steps to create a more inclusive workplace will become embedded into the workplace culture and practices.

Conclusion

Adopting the guidance and recommendations set out in the BSI guidance will enable employers to foster an inclusive working environment and implementing effective workplace policies plays a key role in facilitating this. Further, whilst individual employers and employees will clearly benefit from a more inclusive workplace, larger scale adoption of the new standard will help to address larger scale inequalities such as the gender pay gap.

Please contact us for further information or guidance on this report and how it can affect your workplace.

This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

Nicola O'Dwyer

Nicola O'Dwyer

Senior Solicitor, Employment Law
t: 01276 748 385
e: nicola.odwyer@herrington-carmichael.com

David Fullbrook

David Fullbrook

Trainee Solicitor, Employment Law

Latest News & Insights

All in a Day’s Work: Employment Podcast Series

Our Employment team bring you a monthly podcast covering all aspects of Employment law for businesses and individuals. You can browse our podcasts below…
All in a Day’s Work: Introduction to TUPE

All in a Day’s Work: Introduction to TUPE

In this episode, we discuss the basic principles of TUPE including when a transfer arises, the impact this has on employees and how best to prepare for a potential TUPE transfer.

Top Legal Insights

 

Contract Law

Material Breach of Contract

What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

Property Law

Commercial Lease: The Financial impact on Landlord and Tenant

Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

Divorce and Family Law

Divorce in Lockdown: Can I get some discreet legal advice?

We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

Land & Property Dispute

Restrictive Covenants – The Price of Modification

Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

Wills, Trusts and Probate

Why is having a will so important?

It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

Award winning legal advice

Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

+44 (0)1276 686 222

Email: info@herrington-carmichael.com

Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS

Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

 

 

Our Services

Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers

Pay Online >

Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

© 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.