The Budget 2021: NLW & NMW
The Chancellor of the Exchequer announced new National Living Wage (NLW) and National Minimum Wage (NMW) details in line with those recommended by The Low Pay Commission (LPC) and these new rates will take effect from 1st April 2022.
The National Living Wage is for those aged 23 and over and the National Minimum Wage is for those of at least school leaving age.
The National Living Wage, the statutory minimum for workers aged 23 and over, will increase by 6.6% to £9.50 per hour.
An employee's age and if they are an apprentice will determine the rate they will receive. These rates can be viewed below:
Don't Be Afraid to Talk About Menopause in the Workplace
As it currently stands, under the Equality Act 2010, menopause discrimination is largely covered under three protected characteristics: age, sex and disability discrimination. If an employee is treated unfairly due to menopause, this may amount to discrimination because, for example, of their sex and/or disability, and/or their age.
Menopause Awareness Month has shone some light on the impact that the menopause can have in the workplace. And shockingly according to a recent survey, fewer than 50% of companies provide any support for perimenopausal or menopausal staff. The menopause affects us all at work. Even if we do not experience menopausal symptoms ourselves, we will inevitably have colleagues who do.
While the menopause usually occurs between the ages of 45 and 55, the NHS estimates that around one in 100 affected people will experience a premature menopause before the age of 40. Menopause can be also triggered by medical or surgical interventions, such as some cancer treatments or a hysterectomy, and can therefore affect employees of all ages.
It is estimated that three out of four people going through the perimenopause or menopause experience symptoms that can last several years. There are over 30 recognised symptoms of the perimenopause and menopause, with a number of these relating to mental health issues such as depression, anxiety, panic attacks, mood swings and problems with memory and confidence. It is unsurprising, therefore, that menopause can have a significant impact on an individual’s performance at work.
The ongoing stigma and lack of education around menopause can lead to bullying and harassment in the workplace. Many employees report that they do not talk about their menopause at work because they feel embarrassed, are concerned they will not be supported, will be treated less favourably or viewed as less capable than before. This can create or exacerbate workplace issues and evidence suggests that a number of those experiencing the menopause or perimenopause leave the workplace altogether.
What is clear is that discrimination and harassment at work can worsen menopausal symptoms of stress and anxiety. Similarly, negative or discriminatory attitudes can make it less likely that individuals from these groups will be open about their status, any difficulties they are experiencing, or seek help.
Given that every person’s experience of the menopause is different, there is no exhaustive list of reasonable adjustments that could be made to the workplace environment, and employers will always need to consult with the individual employee and seek occupational health or other medical evidence where appropriate.
Adjustments could include the following:
- increased ventilation
- better access to toilet/washing facilities
- adjusting working time rules/break times
relaxing uniform policies
adjusting inflexible policies which can penalise those experiencing symptoms (eg absence management or performance-related targets).
So how can employers go about improving the workplace for employees who are undergoing the menopause, particularly when many employees are not willing to disclose details of the condition and the symptoms they are experiencing?
Firstly, employers should consider implementing a workplace policy that covers issues such as flexible working, sickness and performance management, and identifying sources of support.
Training is also important to educate, increase awareness and empower managers to feel confident in talking to and supporting employees who are experiencing symptoms of menopause. Management should consider buddying and mentoring schemes and/or established points of contact - perhaps utilising staff who have been through the menopause - to provide encouragement and support.
All of these steps should encourage employees to feel more comfortable about being open about their symptoms, and to continue to reach their potential by discussing what adjustments they may need.
Bright Contracts has a Menopause Policy available in the 'Terms & Conditions' section of the company handbook. To view a sample of the policy you can download a trial version of the software here.
Related Articles:
- Supporting Female Employees: Implementing a Menopause Policy
- Let's Talk About Family Leave
Don't Get Caught Out: Discrimination Case Law
We are all aware of how it is against the law to treat someone less favourably due to their gender, race, religion, age etc, but this does not mean that discrimination does not still occur in the workplace. In a recent case, the Employment Tribunal (ET) ruled in favour of an employee who was discriminated against when she was dismissed while on maternity leave for refusing to accept a lesser role with a £20,000 pay cut.
The claimant claimed that when she informed her colleagues of her pregnancy, she was asked how the pregnancy would affect her long-term career goals and the all-male executive team subjected her to "offensive and humiliating" comments, announcing they should "put a wager" on how much weight she would gain during her pregnancy.
During her maternity leave the company went through a restructure which included the dismissal of several executives. The new chief executive excluded the claimant in the restructuring and the claimant discovered from HR that she was no longer on the company email distribution lists or on the new organisational chart and was at risk of redundancy. In response, the company sought to offer her a revised job description for the director of marketing role which was a lower-level role than marketing director and also involved a £20,000 pay reduction. The claimant refused the role and was subsequently made redundant by the company.
The ET upheld her claims of unfair dismissal and maternity discrimination as there was a stark difference in the treatment the claimant received compared to her male colleagues, with the only explanation being due to the fact that she was on maternity leave. The tribunal found that not only was the job description offered to the claimant copied from other websites but also that no such role existed and the retained executives did not have their salaries reduced in order to stay with the company.
Although, a claim of harassment on grounds of pregnancy and maternity cannot be brought under the Equality Act, the ET concluded that the claimant was subjected to a “humiliating and degrading environment” when her colleagues placed a bet on how much weight she would gain during her pregnancy and that this amounted to direct discrimination and the ET awarded her £25,000 plus £5,000 in interest for injury to feelings.
Related Articles:
- Let's Talk About Family Leave
- The Buzz About Carer's Leave
