The British Standard Institute, the UK’s national standards body, recently announced a landmark menstruation, menstrual health and menopause in the workplace standard (BS 30416), which it developed in consultation with large businesses and representatives from bodies such as ACAS, UNISON, LGBT Foundation and Endometriosis UK.

BS 30416 aims to provide employers with policy guidance and examples of good practice, including:

• considering the workplace culture to determine whether there is a general awareness of menstruation and menopause and whether employees are given opportunities for open conversations;
• looking at whether line managers and HR managers are suitably trained or receive suitable resources to understand the potential impact of menstruation and menopause;
• reviewing if the workplace environment is properly controlled and if there are facilities such as toilets or discrete changing rooms, or quiet recovery spaces easily accessible;
• checking whether the relevant policies consider menstruation and menopause; and
• looking at whether work designs enable some flexibility for an individual approach.

Why was the standard introduced?

The topics of menstruation and menopause have become more commonplace in public and political discourse over the past few years, and employers are increasingly alive to the workplace challenges faced by those suffering from menopause and menstrual health-related symptoms and conditions.

A recent Deloitte global report, Women @ Work: A global outlook, which surveyed 5,000 women in ten countries, found that when it comes to menstruation and menopause, many employees suffer in silence. In particular, women in the UK experiencing challenges related to menopause are more likely than their global counterparts to work through pain (30% in the UK compared to 20% of global respondents).  

The Fawcett Society found that 1 in 10 women experiencing menopause have left a job due to their symptoms, which can include fatigue, memory and concentration problems, hot flushes and anxiety.

This not only has negative financial impacts for the employer due to the cost of lower productivity and absenteeism, but also exacerbates existing workplace gender inequalities, particularly at the executive level given that menopause typically occurs between the ages of 45-55, when many women are at the heights of their careers.

When also factoring in the effects of other menstrual conditions such as endometriosis, polycystic ovary syndrome and premenstrual dysphoric disorder, the symptoms of which can be debilitating and often go undiagnosed, it is clear that a significant proportion of the UK working population faces gender-specific workplace challenges.

Despite this, misconceptions around menstruation and menopause persist, and menstrual health continues to be a taboo subject in many organisations and communities.

BS 30416 aims to address this and provides guidance on how to address and accommodate the diverse workplace needs of those who menstruate in recognition of the fact that fostering an inclusive culture, raising awareness of menstrual and menopausal health, and implementing effective policies to support those affected are key to talent retention and attraction. 

What does the standard recommend?

The guidelines include the following suggestions:

• using non-stigmatising language such as ‘menstrual products’ instead of ‘feminine hygiene products’;
• providing suitable facilities in which employees can access menstrual products;
• taking an intersectional approach in recognition of the fact there is no ‘one-size-fits-all’ approach and that menstrual and menopausal health remain taboo in certain communities; and
• appointing workplace menstruation and menopause advice experts.

Is legislative reform on the horizon?

Women’s health remains a hot topic on the political agenda.

The announcement of BS 30416 comes just months after the workplace impacts of menopause hit the headlines when the government published its response to the Women and Equalities Select Committee’s (WESC) ‘Menopause and the Workplace’ report, in which it rejected 5 of the 12 recommendations outright, including launching a consultation on making menopause a protected characteristic under the Equality Act 2010, working with public sector employers to develop and pilot a specific menopause leave policy, and producing model menopause policies to assist employers.

Recent steps taken by the government instead include the publication of the Women’s Health Strategy, the establishment of the UK Menopause Taskforce, and the appointment of a Menopause Employment Champion.

On 15 June, the WESC announced that it will be holding a follow up session with the Women’s Health Minister Maria Caulfield MP and Work and Pensions Minister Mims Davies MP to assess progress since the publication of the report.

Despite the absence of any legislative reform in the area of menopausal and menstrual health in the UK, employers should be mindful of the growing body of case law around the classification of menstrual health symptoms and conditions as a disability under the Equality Act 2010, which you can hear more about in our recent podcast.

It is also worth noting that earlier this year, the Labour Party announced plans to require large companies to develop menopause action plans if it were to win the next general election, which could include policies such as paid menopause leave and uniform and workstation adjustments.

International perspective

Although the UK government has, to date, stopped short of introducing legislative change to enshrine specific menstrual health-related rights in law, such legislation is not commonplace in Europe.

Spain recently trailblazed such rights in the region when it gave the green light to menstrual leave in February 2023. Under the legislation, which is aimed at advancing women’s sexual and reproductive rights, women are entitled to three days of menstrual leave per month with a doctor’s note, with the possibility of extending the period of leave to five days for those with disabling symptoms. The State will bear the cost of the measure.

It remains to be seen whether other European countries will follow suit.

Such legislation is more common in the APAC region. For example, under Japan’s Labour Standards Act 1947, women’s requests for menstrual leave are to be granted if it would be especially difficult for them to work during menstrual periods. Indonesian labour law also provides for a paid two-day menstrual leave period, though reforms introduced in 2003 mean that this is now subject to negotiation with the employer and collective work agreements. There are also provisions allowing for a day’s leave per month in South Korea and Taiwan.

Although there is no specific right to menopause leave anywhere globally, good workplace practices and measures aimed at raising awareness of the challenges faced by menopausal people are gathering momentum on the global stage.

Earlier this year, New York City Mayor Eric Adams promised “to change the stigma around menopause in this city” and to “create more menopause-friendly workplaces for our city workers through improving policies and our buildings”, demonstrating the growing political commitment to removing the obstacles that women face in the workplace due to their reproductive health.

Keen to find out more?

If you would like to discuss anything you have read in this article in more detail or would like guidance on measures you can implement in your workplace to support employees experiencing menopause or menstruation, please do get in touch with Marian Bloodworth or your usual contact in the UK Employment Law team.

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