Employers who fail in their duty of care to provide menopause support for staff could face claims for unfair dismissal or discrimination, according to an employment lawyer.
Research from health wellness platform Peppy found more than half (54%) of UK businesses did not have any dedicated menopause support in place within their organisation, such as practical or emotional support for employees to help them manage their symptoms and quality of life.
The survey of 504 HR decision makers found the main reason for offering menopause support was because employers believed it was their duty of care and the right thing to do (29%).
Other motivations included that it supported the company’s brand values (19%) and helped retain staff (15%). Just 8% said their competitors offered it so they needed to do the same.
Melanie Stancliffe, partner at Cripps Pemberton Greenish, told Health & Protection while cases could be brought against employers who failed to provide menopause support, such cases were rare.
“That would mean the employer has breached the contract and the employee can resign and claim unfair dismissal,” Stancliffe said.
“If she’s gone to her employer and there’s no understanding or support then potentially there is a claim that there is an unfair dismissal if an employee has resigned.
“I haven’t seen any cases to that effect yet. That isn’t to say it won’t happen but again, that means the employee is losing their job and their income stream so the potential is there but I don’t know how often women will take that option.”
Stancliffe added that the reality is that many women choose to either make complaints or grievances or withdraw into themselves over pursuing a claim for unfair dismissal.
“What we’re seeing from other research is that women are going into themselves,” she continued.
“They’re not advocating for themselves. They’re working from home more.
“They are in a way sitting back because there is no understanding or support in their workplace and that again, will have an effect on promotion and reward and all of those things which can be discrimination.”
