Policies and Precedents for Law Firms: Menopause
Why a law firm menopause policy is vital in 2022 and our top ten tips to becoming menopause-friendly
Not only do females make up 51% of the overall UK population, women of menopausal age (usually around 45-55 years of age) are the fastest growing demographic in the UK job market. Looking at the legal sector specifically, according to a 2022 report by the Solicitors Regulation Authority, 61% of solicitors are female, and women make up 74% of the workforce in terms of other staff working in law firms. Furthermore, the Law Society Gazette’s recent statistics show that 60% of new entrants to the profession are women.
A common misconception is that the menopause is an old woman’s thing, however the tide is turning, and people are waking up to the fact that it is not appropriate (not to mention against the law) to discriminate against and dismiss women who are going through this life changing stage. To put it into context, millennials are the largest generation in the workforce and the oldest of them are currently around 40 years old, and heading towards the perimenopausal period (the time leading up to full blown menopause, when hormone levels are decreasing and women may still be having regular periods, but symptoms are expected to start to appear).
Whilst the menopause can be a real challenge for some women, there is no reason why those talented and experienced members of your workforce experiencing menopausal difficulties cannot continue to perform to their full potential. If practical reasonable adjustments are made by law firms to afford menopausal women the support they need, and are entitled to, in the workplace, it will have a significantly positive effect on their wellbeing and will help to future-proof your workforce. The time to act is now.
Is the menopause finally getting the recognition it deserves?
Although we are undoubtedly making inroads into achieving more gender equality across most sectors, including the legal profession, historically, women and women’s health issues have long been side-lined and viewed as inferior or undeserving of attention. The menopause is a prime example of this as it is traditionally a topic and phase of life that has been shrouded in mystery and which women have largely had to go through unsupported and unheard.
A new era?
More recently however, the menopause has been brought into the spotlight and public consciousness thanks to a pioneering movement, made up largely of women, who have determinedly pushed the agenda for reforms surrounding support for women of menopausal age.
We have seen it talked about in Parliament, in a Commons Select Committee, in the national news and in the media more generally, with support organisations such as Henpicked and The Menopause Charity flying the menopause flag and helping to educate and support women and those around them. Within the legal profession specifically, we have seen the Law Society acknowledging the subject and menopause grabbing headlines in the legal press. There has been growing support for awareness days such as World Menopause Day and small yet significant victories such as the government’s pledge to cut the cost of repeat HRT prescriptions. We have even seen forward-thinking law firms signing the Menopause Workplace Pledge.
The first meeting of the UK Menopause Taskforce took place in February 2022, with one of their main aims being to ensure co-ordination across the UK in tackling issues surrounding the menopause, increasing access to treatment and ending the taboos and stigmas that still surround conversations about the menopause, including in the workplace. This is largely due to it being recognised that all employers have a duty to ensure the health safety and welfare of all employees and are uniquely positioned to make meaningful improvements to the day to day lives of their employees.
The impact on law firms
In light of these many developments, law firms have no choice but to get on board and start to take decisive action to support their female employees.
If law firms do not take action and fail to take a supportive stance, they run the risk of doing a disservice to their female employees who may feel they have no choice but to suffer the often-wide-ranging symptoms in silence, see their work performance deteriorate and sickness absences increase and even end up quitting as they feel they have no other option. All of which is avoidable.
The bottom line
Firms also risk harming their financial situation if experienced female employees leave in favour of joining more menopause-friendly firms, and thus need to be replaced at a greater cost to the business (in terms of recruitment and training costs etc). In addition, there is the risk of damage to a firm’s reputation if they leave themselves exposed to female employees bringing cases for age, disability or sex discrimination under the Equality Act 2010, due to there being the potential for menopausal symptoms to meet the criteria of a disability under the Act, if they are substantial and long term (i.e. if they are likely to last at least 12 months). To comply with the Act, workplaces must make reasonable adjustments to ensure equality, which can include menopause transition related requirements.
A sobering thought
Whilst some women sail through the menopause, trouble free, others suffer greatly. It is a sobering thought that, at their worst, menopausal and peri-menopausal symptoms, which can include insomnia, anxiety and depression, brain fog, loss of confidence, panic attacks, heart palpitations, weight gain and fatigue (to name just a few) may result in a woman questioning if she has early onset dementia and/or feeling suicidal.
Our top ten tips for becoming a menopause-friendly law firm
- Take proactive action – monitor the projected age distribution of your workforce. This will enable law firms to be proactive about the needs of their employees, avoiding a reactive approach to age-related health issues.
- Provide menopause awareness training to managers and employees to raise awareness and convey that the menopause can present difficulties for some women at work. Train designated employees to be accredited menopause advocates to oversee internal training, get conversations going and ongoing on the menopause.
- Introduce a Menopause Policy to raise awareness of the condition and potential symptoms and to set out ways in which you will be supportive to employees at this stage of their life. Access Legal will be releasing a trailblazing precedent Menopause Policy on 7th April 2022, as part of our Policies and Precedents for Law Firms library, which you may wish to use as a starting point and adapt to meet your firm’s own requirements.
- Foster a firm-wide culture of openness about health problems in general, as well as openness specifically about the menopause – facilitate discussion about troublesome symptoms, communicating that these are normal for those experiencing certain conditions and helping to remove stigmas.
- Sign the Menopause Workplace Pledge – which can be signed by employees who wish to see a change in their law firm, as well as legal profession employers who wish to commit to making their organisation a supporting and understanding place of work for those struggling with menopausal symptoms.
- Attain the Menopause-Friendly accreditation and show your commitment to putting your employee’s wellbeing at centre stage.
- Liaise with your occupational health team on practical steps to take to improve working conditions for menopausal employees.
- Review control of the legal workplace environment, such as temperature and ventilation and how these might be adapted to meet the needs of individuals.
- Ensure employees have access to a quiet room for short breaks when necessary, to manage symptoms such as a severe hot flush.
- Consider flexible working hours for those experiencing menopausal symptoms.
It goes without saying that much progress is being made and it is opportune for menopausal matters to ride the wave with the increased focus in this sector on improving law firm mental health and wellbeing since the COVID-19 pandemic. Particularly as the menopause can bring about wide-ranging and serious psychological symptoms. That being said, it is important for law firm leaders and all of us in society as a whole to take this seriously and implement long term and effective changes for the greater good – to improve the lives of the women who contribute so much to the success of the legal profession.
