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Menopause in the Workplace – promoting education and awareness at Lawson West

What is Menopause?

The perimenopause and menopause are a natural part of biological aging that affect every woman, usually between the ages of 45 to 55, but this can and does occur much earlier where menopause is a consequence of surgical or medical procedures or early menopause is simply a genetic factor.

The symptoms experienced can range from mild to debilitating and this can have a profound effect on woman’s relationships with those around them and their ability to function properly at work.

Lawson West tackles the topic…

Head of HR & Operations, Hannah Warren, is running awareness sessions for Lawson West staff as it is important that everyone of all genders:

  • Is aware of what perimenopause and menopause is and what the symptoms are.

  • Understands how these symptoms can impact upon people’s ability to feel well and perform at work.

  • Knows how to handle sensitive conversations around perimenopause and menopause.

  • Is aware of what adjustments we can put in place in the working environment to help those affected.

Hannah Warren explains:

“With over 50% of the workforce being female, the impact of the menopause on an employee’s ability to function at work and at home cannot be ignored. In addition to having a Menopause Policy in place, we decided to break down the outdated taboo around discussing this topic by holding awareness sessions for both mixed sex groups and a female only group. The purpose was to not only educate and raise awareness of the symptoms of Perimenopause and Menopause, symptoms and what adjustments we can put in place to help, but also to offer a safe place for colleagues to discuss their own experiences. These sessions have been received very well so far and are a much-needed step in the right direction for helping those affected to feel heard and supported and also to support those around them, so they know how best to help support their colleagues.”

Menopause Discrimination in the Workplace

When looking at menopause in the workplace, employers need to be aware not to discriminate against female employees based on their menopausal symptoms. Common phrases from menopausal employees are;

  • “Help, my brain has turned to mush”

  • “I’ve had a migraine for 3 years”

  • “I feel dizzy, and my memory is affected”

  • “I experience pins and needles in my arms and legs”

  • “My HRT has side-effects”

  • “I can’t do my job anymore”

Studies have shown that menopause symptoms can have a significant impact on attendance and performance in the workplace.

Menopause is not just a gender or age issue, as it can impact on colleagues both directly or indirectly, and it should therefore be considered as an organisational issue. 

With 68% of employees in the UK who are female (9.3million people), it is staggering the number of workers who will at some point face menopausal symptoms in their job. Currently 3.5million UK workers are female and aged over 50. With these high numbers involved, the number of women likely to be impacted in their job and struggling is very high and most places of work will have female workers affected.

How can Employers help?

It is good practice for employers to have a ‘menopause policy’ in their employee handbook and to formalise a process for menopausal women to make a complaint or request without fear of being bullied into working when they are simply not up to it.

Employers might like to discuss the woman’s role with her and how disruption could be minimised, and her wellbeing needs supported. Some menopausal women ask to reduce their hours for example or ask for more flexible hours, or shorter workdays. 

Top 5 Menopause Steps for Employers:

  1. Don’t discriminate– the needs of female workers are different from male workers

  2. Be supportive and sympathetic – discuss health and wellbeing with female employees

  3. Set up a menopause procedure – for work change requests and publish this internally

  4. Make ‘reasonable adjustments’ – when asked to do so by a female employee

  5. Don’t dismiss a female employee on the grounds of menopause symptoms alone.

Menopause Symptoms

Symptoms differ from woman to woman, and the range of symptoms is vast, anything from a headache to dizziness, depression, anxiety or memory loss. Unfortunately, many of the symptoms in the table below could be indicative of other, sometimes more serious illnesses, which is why it is important for women to seek medical opinion about their condition if they suspect the menopause is having an impact.

There are at least 30 symptoms of menopause, not all women experience all of these, but most women suffer with many of them at some point during their menopause.

Physical Symptoms:

Adult Acne

 

Bloating or constipation

 

Developing a new allergy or food intolerance

Dizziness, feeling faint

 

Dry or itchy skins

 

Electric shocks

 

Fatigue – feeling tired or unwell

 

Headaches

 

Heavy bleeding

 

Hot sweats or ‘flushes’

 

Irregular periods, no periods

 

Joint pain

 

Loss of hair, hair loss

 

Night sweats

 

Osteoporosis

 

Palpitations, irregular heartbeat, cardiovascular and circulatory irregularities

Reduced saliva

 

Skin, hair and nails (lack of oestrogen creating lack of collagen, hair becomes weak, nails become brittle, skin loses texture)

 

Sore breasts

 

Stress incontinence

 

Teeth and gum problems

 

Urinary tract infections, more trips to the toilet

Vaginal dryness

 

Weight gain

 

Brain Function & Other Body Symptoms:

Anxiety

Changes in libido

 

Depletion in body’s ability to produce vitamin B12 and vitamin D

 

Depressionfeeling low, mood swings

 

Irritability

 

Insomnia, disturbed sleep

Lack of concentration

 

Memory loss (temporary), forgetfulness

Panic Disorder

 

Early Menopause

A few women start the menopause early, even in their twenties, thirties or forties. This can be down to abdominal surgery or pregnancy complications (the removal of the uterus and reproductive ovaries with the effect of reducing or removing oestrogen from the body), medication, or a family history of early menopause. So, it’s not just an ‘older woman’s’ complaint and could affect any adult female employee.

The Law and Menopause

Menopause is an occupational health issue, but it is not a recognised disability. However, under the Equality Act 2010, a person is disabled if they have a physical or mental impairment which has an adverse and long-term effect on their ability to carry out normal day to day activities.

This means that the menopause is not a specific protected characteristic under the Equality Act, however, if an employee or worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be discrimination if related to a protected characteristic, for example: age, disability, gender reassignment & sex. 

CONTACT US

With offices in Leicester and Market Harborough our experienced employment solicitors can discuss your employment law claim. If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

 

Helpful links and associated web pages: 

Know Your Menopause  – How to Spot the Symptoms

Menopause Symptoms – NHS Guidance

The British Menopause Society 

Women’s Health Concern – more about the Menopause, downloadable factsheets and more

International Women’s Day – Imagine a gender equal world. A world free of bias, stereotypes and discrimination. A world that’s diverse, equitable, and inclusive. A world where difference is valued and celebrated. Together we can forge women’s equality. Collectively we can all #BreakTheBias.

Napo guide to the menopause at work.pdf

World Menopause Day (wsh.nhs.uk) 18 October

Menopause Hormones – What are they ands how do they change?

Menopause and employment law – Menopause Friendly Accreditation

5 Things men should know about menopause – BBC article

CASES – Mandy Davies Menopause case against her employer 

ACAS – Menopause and the law: Menopause at work

UNISON – The-menopause-and-work-A-UNISON-Guide.pdf  

Menopause and the workplace | NHS Employers

Employment Tribunal Fees

Yesterday the Government issued a Consultation paper on reintroducing fees in the Employment Tribunal and the Employment Appeals Tribunal.

The fees which are being proposed is £55.00 to issue a claim in the Employment Tribunal, this is proposed to be a one-off fee and no further fees payable before a Hearing.

The proposed fee to submit an Employment Appeal Tribunal claim is also proposed to be £55.00.

The Government states that it has considered the impact of the Supreme Courts 2017 Judgement in Unison -v- The Lord Chancellor which had previously ruled that the Employment Tribunal’s fees regime was unlawful.

There is also proposed to be a remission system for those that genuinely cannot afford the fees and some very limited claims will be exempted (claims against the National Redundancy Fund and claims for failure to collectively consult in large scale redundancy).

The Consultation is due to close on the 25th March 2024.

The Impact Assessment states that the proposal should bring in £1.5 million a year after the first year. The consultation suggests an implementation date of November 2024.

Unison has said:

“We represent over a million workers, many low-paid. This will just put up a barrier to justice and allow bosses to get away with bad employment practices”

TUC General Secretary Paul Nowak comments:  

“This is another example of ministers taking the side of bad bosses, not working people.

Now, the government wants to make it even harder for working people to seek justice if they face discrimination, unfair dismissal or withheld wages. 

When P&O Ferries flouted employment law by sacking 800 workers without notice, they did almost nothing about it. 

All working people should be able to enforce their rights. But introducing fees for tribunals puts yet another hurdle in the way of those seeking justice at their most vulnerable moment. 

The Tories have already tried this and failed. Last time they introduced tribunal fees, claims dropped by two-thirds. And the Supreme Court threw them out – saying they interfered with access to justice. 

Working people shouldn’t be picking up the bill for exploitative employers’ poor behaviour. Employment tribunal fees are just an invitation for bad bosses to ride roughshod over workers.”

Vaishali Thakerar from Lawson West Solicitors says:

“The introduction of fees will hit people who are more likely to be unemployed.   On top of the initial fee the claimant would also be instructing Solicitors or representatives, and further fees will be payable. 

Claimants have their usual outgoings and taking a matter to the Employment Tribunal will cost them both financially  and emotionally.  With the current climate, it is a worry how claimants will have the income to pursue their claims.

However, this will have an impact on the number of cases being brought to the Employment Tribunal.”

Watch this space as this story develops!

 

Contact our expert employment solicitors 0116 212 1000

The pitfalls of Codicils and why a Will is a better choice

When it comes to estate planning, making sure that your wishes are carried out after you die is important.  Many people make a Will to show how they wish their assets and possessions to be distributed on their death. However, some people choose to make a Codicil to make changes to their existing Wills. Codicils may seem like an easy option, but they have pitfalls that can make them less favourable compared to making a new Will.

A Codicil is a legal document that can be made to make amendments or additions to your existing Will. It can seem like a cost effective and easier way to update your existing Will, without having to rewrite the whole document, but there are many reasons why Codicils can lead to complications and unintended consequences when you pass away:

Confusion and Ambiguity

Codicils can sometimes create confusion and ambiguity when they are used to amend or make additions to your existing Will. Making multiple Codicils can lead to a complicated and confusing document which may make it difficult for your Executors and beneficiaries to understand, leading to conflicting provisions in the Will and its Codicils, leaving them open to disputes and legal challenges.

Risk of Separating or Losing Documents

A Codicil is a separate document from your original Will and this could lead to issues if one of them gets lost or destroyed.  If your Codicil is lost, this can make instructions or amendments to your original Will ineffective, and potentially cause an unintended distribution of your assets.

Complexity for Executors

An Executor’s job is to be responsible for making sure your wishes are carried out as specified in your Will. When a Codicil has been made, your Executor’s job could become more complicated, as this could require them to go through multiple documents and they could interpret your wishes inaccurately. This could slow down the probate process, resulting in additional legal fees and possible disputes.

Legal Formalities

A Codicil must follow the same legal formalities as a Will, so the need for proper legal advice from a Solicitor is advised. If these formalities are not properly met, this can make the Codicil invalid and potentially lead to the incorrect distribution of your assets.

Lack of a Proper Review of your Will

If you make a Codicil to change your Will, it’s easy to focus on the specific amendments or additions you want to make without actually reviewing the document as a whole. This could cause confusion, inconsistencies or contradictions between your original Will and the Codicil, which could lead to disputes among beneficiaries and even legal challenges.

In view of the pitfalls associated with Codicils, Solicitors would always recommend that you consider reviewing and making a new Will when you need to make any or substantial changes to your old one.

Removing a Beneficiary

If you are creating a Codicil to remove a beneficiary from your original Will, bear in mind that if Probate is required when you pass away, it is possible for the beneficiary you have removed to see the original Will. Once Probate has been granted your Will, and any Codicils, become public documents. Creating a new Will instead avoids the chance of a beneficiary realising they have been removed from your old Will.

These are some reasons why drafting a new Will is often a better choice…

Organization and Clarity

Making a new Will lets you create an organized and clear document that reflects your current wishes. You should review your entire Will, with a Solicitor, thus ensuring that all provisions meet your wishes.

Avoiding Confusion and Simplicity for your Executors

Making a new Will helps to prevent ambiguity, as there are no other documents (e.g. Codicils) to make matters complicated. This will reduce the risk of any potential disputes among your beneficiaries. A single, updated Will makes your executor’s job easier, enabling them to carry out your wishes efficiently.

Legal Requirements

Making a whole new Will with a Solicitor makes sure that it meets all up to date legal requirement and reduces the risk of any invalidation.

So, while Codicils may seem like an easy and cost effective way to amend an existing Will, they do have various pitfalls that could end up complicating the probate process or lead to unintended distribution of your estate. Making a new Will when your wishes or circumstances change is often a better choice, as it gives much greater clarity and organization, and ensures compliance with current legal requirements. To make sure that your estate is distributed in accordance with your wishes, always seek expert legal advice from a qualified Solicitor to create your Will.

If you would like to discuss any of the above information please contact us on 0116 212 1000 to book an appointment with a specialist solicitor.

Lawson West Welcomes New Team Member! Priyanka Patel

Lawson West Solicitors is delighted to announce the appointment of Paralegal…

Priyanka Patel

Paralegal

Priyanka previously worked as a McKenzie Friend & Paralegal in Family law where she gained experience dealing with children’s matters and injunctions and effectively assisting clients. Priyanka provided clients with friendly and practical support during challenging family proceedings. She completed her Graduate Diploma in Law (GDL) and Legal Practice Course (LPC) from De Montfort University in 2021/2022 and achieved a Distinction in both. Her keen interest in Family law has always driven her to provide the best possible legal assistance to clients. Priyanka works as a paralegal in the Family Law team. Her role involves providing support to the family law team in all areas. She can confidently liaise with all parties ensuring that the clients are happy with the level of service provided.

If you are interested in a career at Lawson West Solicitors click HERE to find out more.

Contact us 0116 212 1000