It is important for workers to know they have the support of their employers during what can sometimes be difficult times in their life.

Employers have a duty to ensure the health, safety and welfare of their staff, so delicate subjects like the menopause need to be approached in a clear and supportive manner.

This ensures that any worker who needs additional support feels able to approach management on the issue and are fully aware of the steps that can be taken by the company on their behalf.

The menopause is a natural part of ageing that usually occurs between 45 and 55 years of age as a woman’s oestrogen levels decline. Studies have shown that menopause symptoms can have a significant impact on attendance and performance in the workplace. 

With our population now living longer, working longer, it’s vital that staff are supported to stay well and thrive in the workplace. Menopause is not just a female issue, it’s an organisational issue. 

All managers need to know about it and how they can support their staff and assess risks that the workplace may pose. In addition, the Equality Act 2010 outlines that employees must not be discriminated against due to any form of disability.

Although an employee going through the menopause is not automatically protected by the provisions of the Act, the symptoms that can arise from the menopause may be classed as a disability if they meet the required definition.

To defend against any liabilities, and potentially costly compensation awards, businesses taking steps to offer support and assistance to all individuals who are going through the menopause will experience real benefits. By fostering a workplace where employees feel safe, companies are more likely to retain the skills and experience of its employees.

To clearly outline organisational procedures that are in place to support and assist those going through the menopause, it may be useful to create an official policy which may include the following:

• a general introduction, highlighting what the policy is for and reaffirming your commitment to treating all individuals fairly
• an outline of the aims and objectives of the policy
• an outline of any action or support groups that are being put in place to help, alongside any intentions to work with the menopause actions and third-party groups
• a list of the type of support on offer, e.g. time away from work where the symptoms are severe, encouraging communication, easy access to toilet facilities by repositioning the employee, providing alternative tasks to heavy lifting to combat increased levels of fatigue and muscle strain, etc.

Individuals respond differently to the menopause and it is essential companies are fully aware of this fact. Some women may be relatively unaffected whilst others experience significant difficulties for prolonged periods of time.

All line managers and HR representatives must be fully conversant with the policy on responding to the menopause and be able to respond to it in a non-discriminatory and open manner. Essentially, employees should feel comfortable and secure approaching this topic with their managers.

• There are 3.5 million women over 50 in the workplace.
• In the UK, the average age for a woman to go through menopause is 51.
• Around one in 100 women experience menopause before age 40.
• Three out of four women experience symptoms, one in four could experience serious symptoms.

For help and advice on matters relating to employment law, contact our expert team today.

The enforced lockdown and furlough are producing holiday headaches for employers and staff alike as the summer holidays approach.

With domestic holiday bookings going through the roof and foreign travel about to open up, staff may be looking to cram as much holiday time into a short summer window as possible.

An increasing number of employees may wish to book holidays around the same time as each other.

England’s roadmap reads that, if Coronavirus data proves favourable, all restrictions will be lifted no earlier than 21 June 2021. This means that most annual leave bookings may fall towards this period.

Employees are entitled to a minimum of 5.6 working weeks of paid annual leave each year, which works out as 28 days for those who work a five-day week.

What this entitlement means is that employees must have the opportunity to take this amount of annual leave per year as a minimum. However, employers have the flexibility to:

• refuse annual leave requests
• decide when leave can or cannot be taken, and
• how it is taken.

Therefore, employers can enforce the take-up of annual leave now to avoid an influx of requests later in the year. This is because staff do not have a right to take annual leave whenever they wish. They must request leave, and by implication that means employers have the right to turn down requests.

When a company is exercising its right to enforce take-up of annual leave, it must give staff double the length of the enforced leave as notice. For example, if boss wants an employee to take three days’ worth of leave, notice of six days must be given in advance.

Firms are also reminded that annual leave can be taken at the same time as furlough to avoid a bottleneck situation once the scheme ends at the end of September 2021.

However, there may be an argument that this circumvents the point of annual leave in that the employee is already not working so employers are seemingly denying them the ability to take the time as a break.

Furlough has not been described as a period of holiday, as furloughed employees can be called back to work at any time and should not be taken as such.

Instead, enforcing take-up of leave amongst those on furlough should be seen as an opportunity for them to earn their full pay.

This is because, if employees who are registered as being on furlough take a period of annual leave whilst they are still furloughed, they are entitled to a top-up of the Government’s 80 per cent grant to 100 per cent of their wages.

In 2020, the Government introduced a law allowing employees and workers to carry over up to four weeks’ statutory paid holiday into their next two holiday leave years. This law applies for any holiday the employee or worker does not take because of COVID-19.

Reasons for this could include:

• they’re self-isolating or too sick to take holiday before the end of their leave year
• they’ve had to continue working and could not take paid holiday
• they may also be able to carry over holiday if they have been on furlough and cannot reasonably use all their holiday in their holiday year.

For help and advice on matters relating to employment law, contact our expert team today.