BUSINESS
Legal talk
With Elmhirst Parker Solicitors
Women’s Rights at Work
Over the past few decades, the employment rate for women has continually increased, reaching a record high of 72.1 percent of women aged 16 to 64 in paid work as of June this year.
While this milestone shows the progress being made to ensure more women are entering the workplace, employers are being advised to look at the bigger picture of gender inequality and review support for females to help retain and nurture women within their organisations. Although eradicating the gender pay gap has been on every employer’s ‘To-Do list’, other practices should also be considered to reflect the biological differences between male and female workers. Today, there are around 3.5million employed women aged 50 or over. With the retirement age increasing, it is inevitable that most women will go through the ‘fact of life’ that is the menopause during their working lives. But until recently, menopause has been a taboo subject with many choosing to refrain from talking about symptoms with colleagues or employers out of embarrassment, lack of knowledge, or not recognising early perimenopausal symptoms.
The average woman’s symptoms last around four years but for some this could be longer than ten years. Around 25 percent of menopausal women have severe or crippling symptoms which may be set to rise due to the current shortage of HRT (Hormone Replacement Therapy) which many women use to control their symptoms. Symptoms are sometimes undervalued or not taken seriously in the workplace, with 50 percent of women going through the change saying they find work difficult due to symptoms such as hot flushes, stress and anxiety, memory loss and fatigue.
This can have a significant impact on attendance and performance at work. Employees may be less engaged, satisfied or committed and not put themselves forward for promotion or specialist posts. Around ten percent stop work altogether. Similarly, employers are failing to recognise
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their responsibilities for managing the health and safety of diverse workforces, particularly that women of menopausal age may need specific considerations, support or adjustments to help them cope with symptoms. This in turn could help reduce illness-related absences and improve performance. In a recent interview, BBC Breakfast
presenter, Louise Minchin, revealed that the studio temperature had been lowered to help with her hot flushes and her female colleagues of a certain age were now more open about their symptoms, particularly around younger males. Employers should think about following
the BBC’s lead by providing air-conditioning, ventilation or fans along with access to cold water, restrooms and private spaces. If a uniform is worn, they may consider an alternative to prevent embarrassment from wet patches that occur during hot sweats.
Many menopausal women notice a shift in sleeping patterns and employers could look to offer flexible working hours to allow for sleep disturbances. This may also fall in line with a revised sickness or absence procedure to complement that of pregnant women in employment.
Under the Employment Rights Act 1996, it is illegal to sack a woman due to pregnancy and all pregnant women in employment have four main legal rights: time off for all antenatal appointments, paid at the normal rate; up to 52 weeks maternity leave; maternity pay or allowance; and protection against unfair treatment, discrimination or dismissal. Employers must not show unfavourable treatment, discrimination or victimisation towards
pregnant staff to avoid running the risk of any employment lawsuits as per the Equality Act. This could be managers believing mothers-to- be will be able to cope with only a lower level of work, or less work, because of their pregnancy. Other examples could be managers failing to recognise pregnancy-related illnesses or women being turned down for job roles due to pregnancy despite being the best candidate. Again, a company’s health and safety officer should assess any risks to the employee or baby which could be heavy lifting or carrying, standing or sitting for long periods and exposure to toxic substances. If these risks cannot be removed, the employee should be suspended on full pay. During maternity leave, the employee is entitled to benefit from all their usual terms and conditions of employment such as training or annual leave. Contract terms and conditions cannot be changed without agreement or employers could be in breach of contract. Employees should also be kept up to date with anything that is happening within the workplace such as promotion opportunities, changes at work or social events.
Once back at work and out of the pregnancy protection period, employers should not make assumptions that new mothers will be less reliable due to the demands of raising children or discriminate against staff because of this. Employers must also make provisions for breastfeeding mothers by providing somewhere private, safe and hygienic to express milk and suitable storage.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
EMPLOYMENT LAW KNOW YOUR RIGHTS We provide practical advice on all employment law issues including:
• Contracts • Tribunals • Discrimination • Minimum Wage • Maternity/Paternity Leave • Redundancy • Dismissal
Tel: 01226 282238 Telephone or e-mail Steve Esmond
17/19 Regent Street, Barnsley, S70 2HP (also in Royston, Selby and Sherburn-in-Elmet)
www.elmhirstparker.com
sesmond@elmhirstparker.com
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