Menopause and the legal sector: a call for awareness and action

World Menopause Day provides a timely opportunity to highlight the need to empower and support women to make fully informed health choices. It is also chance for the legal sector to reflect on the importance of increasing awareness and activity to support those experiencing the menopause while pursuing a legal career in the profession.

What is the menopause?

Technically, menopause is the time when periods stop due to lower hormone levels (usually but not always around the age of 45 – 55) but in fact physical and psychological symptoms may be experienced for many years through perimenopause, during and post menopause. Such symptoms may impact significantly on every day and working life, and often at a time when someone’s career is just getting established. Whilst predominantly experienced by cisgender women, the impacts of menopause may differ in relation to other protected characteristics, for example it can affect people of all genders and ages (trans men and non-binary people can also go through menopause).

With menopausal age women representing the fastest growing workforce group and the House of Commons reporting that 59% of working women find their job challenging due to menopausal symptoms, tangible action is clearly needed. Similarly, a 2023 CIPD report found that most working women surveyed have experienced symptoms relating to menopause transition and over half have been unable to go into work at some point due to symptoms. The CIPD also reported that more than a quarter of respondents considered that menopause has had a negative impact on their career progression and around one in six have considered leaving work due to a lack of support.

Legal protection in the workplace

The CIPD report also highlights that more than 10% of respondents felt discriminated against due to menopausal symptoms. The Equality Act 2010 and the Health and Safety at Work Act 1974 provides a level of protection against such discrimination. Although not a specific protected characteristic, discrimination in the workplace due to menopause may be prohibited under the equality legislation if related to a protected characteristic such as age, disability, gender reassignment or sex. Indeed, recent employment cases (such as Lynskey) have seen the equality legislation being used to successfully protect employees from menopause discrimination.

However, many feel that the law needs to be strengthened to more explicitly protect menopausal employees. The Women and Equalities Committee in 2022 concluded that current legislation does not provide effective support and made several recommendations which resulted in a government response including the appointment of a government Menopause Employment Champion (an ambassador to drive forward conversations on the menopause with businesses and provide a forum for organisations to share their experiences and expertise). Equally, as part of its 'Plan to Make Work Pay' Labour has committed to introducing new legislation which will require large organisations (with 250+ employees) to document the action they are taking to support those experiencing menopause in the workplace.

In February 2024, the EHRC published it’s guidance for employers on managing menopause in the workplace. The Law Society has also produced guidance for the legal sector in supporting those experiencing menopause in the profession. In particular, the sector is encouraged to promote an open culture, share resources and guidance, offer workplace training and offer staff personalised support. Signing up to the Law Society Women in Law Pledge provides another excellent opportunity for legal service providers to enact positive change for women by implementing practices to support menopausal staff.

Leading the way on change

Increasingly, there are some excellent examples of good practice across the legal sector around addressing the menopause. For example, Simmons and Simmons has taken important steps forward. With the introduction of a menopause policy and a programme of work around promoting education, awareness and making workplace adjustments, they have seen positive changes in workplace culture and attitudes. Not only has this encouraged more awareness of the issue but this also leads to employees being empowered to take steps to improve their wellbeing and working practices.

It can seem very unfair that just as you are hitting your stride, perhaps starting to become senior within your organisation, with solid legal expertise and experience behind you, you suddenly have to also tackle symptoms that can have a huge effect on your ability to work effectively and deliver sound legal advice: brain fog, tiredness, trouble sleeping, anxiety, hot flushes in the middle of chairing client meetings – the impact is very real! Anything we can do as a profession to make sure we are not losing talented employees from the legal sector at this crucial time is to be welcomed, not only for those individuals but for their organisations and the wider legal community.

It is key to note when taking action around this topic that the menopause can also profoundly impact partners, friends, and colleagues. Partners may find themselves navigating emotional shifts and physical symptoms alongside their loved ones, friends play a crucial role by offering emotional support and understanding, helping to alleviate feelings of isolation and in the workplace, colleagues can foster a supportive environment by being considerate of the challenges faced during this time and advocating for flexible work arrangements. By educating themselves about menopause and maintaining a compassionate approach, these supporters can significantly ease the journey for those experiencing this life stage.

For too long the legal sector has faced issues around retaining talent. Empathetically and practically supporting individuals through the issues faced in the workplace due to the menopause may well be key to addressing this embedded issue.

It is estimated that poor workplace management of the menopause costs the economy 14 million working days each year. As awareness around the impacts of the menopause increases, it is vital that the legal sector recognises the importance of tangible action such as offering flexible working arrangements, ensuring a comfortable work environment, reducing stigma around the topic through open communication and training in addition to more guided health and wellness programs.

Learn more about World Menopause Day here

Chantal Davies is a solicitor, professor of law, equality and diversity, and director of the Forum for Research into Equality and Diversity at the University of Chester law school. Chantal is also co-vice chair of the Law Society’s Women Solicitors Network committee.

Emma Sutcliffe is a partner in the disputes team at Simmons & Simmons LLP in London and a Law Society Women Solicitors Network committee member