Is the government doing enough to protect menopausal women in the workplace? This has been one of the headlines we have seen in the news recently.
ACAS launched a new campaign pushing the importance of supporting staff through the menopause in 2019, whilst this information had previously been out there it is apparent that 2019 appeared to be a big step for menopause in the workplace. Since then, we have heard more voices and a call to action in respect of women’s rights and the menopause.
Is this now a step in the WRONG direction?
What was the Proposal and why?
The ‘Menopause and the workplace’ inquiry examined the extent of discrimination faced by menopausal people in the workplace, and conducted an investigation into how Government policy and workplace practices can better support those who are going through the menopause.
The Women and Equalities Committee, carried out an inquiry called the ‘Menopause and the workplace’. This inquiry which examined discrimination faced by menopausal people in the workplace and conducted an investigation into how Government policy and workplace practices can better support those who are going through the menopause.
One of the recommendations made by the Women and Equalities Committee was to introduce menopause as a new ‘Protected Characteristic’ under the Equality Act 2010.
Why has the proposal been rejected?
The government published their response on 24 January 2022 stating:
“The government agrees that it is important that women who suffer substantial and longer-term menopausal effects should be adequately protected from discrimination in the workplace.”
“Introducing menopause as a new protected characteristic does not align…sex, age and disability are all protected characteristics in the Equality Act 2010 which provide protection against unfair treatment of employees going through the menopause”
“…it is important to ensure that the policy is considered in the round to avoid unintended consequences which may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering long-term medical conditions”
To summarise, this proposal has been rejected by government. The reason given is that menopause is already protected under sex, age and disability discrimination. If they were to introduce a stand-alone menopause characteristic, it could create new forms of discrimination against men suffering long-term medical conditions.
This has now caused a stir over the government’s commitment to the issue of menopause.
MP Caroline Nokes has questioned the government over their decision stating her disappointment and that the “significant evidence base” for menopause being seen as a “protected characteristic” had been ignored.
“Its refusal to even consult on reforming equalities law doesn’t make sense and we urge it to look again.”
As we have previously discussed, one of the reasons given for refusing the change to the Equality Act 2010, is that men would suffer discrimination, Ms Nokes stated on ITV news:
“we don’t say maternity leave discriminates against men, and is a real cop out by the government”.
The government have unsurprisingly received backlash to this report and have stated that they are implementing an ambitious programme to work with the NHS on a menopause initiative to ensure women have access to the support they need. The issues with the NHS are a separate issue altogether – and we employment lawyers do not intend on muddying the water here – the ultimate question is are the government doing enough?
Our Solicitor’s comments:
Lucy Richards, Solicitor at Bater Law says:
It’s important to remember that our workforce are aging, more people are working up to retirement and in the current climate…past retirement. It is inevitable that we will have employees experiencing the menopause, it is anticipated that one in three of the workforce will soon be over 50. Even then it should be noted that in some circumstances 20 year olds can experience premature menopause.
It is therefore important that a responsibility be placed on workplaces to take care and support their employees, just as those with disabilities are. The menopause can result in serious symptoms such as memory loss, mood changes and sleep problems, to name a few.
Whilst I agree with the government that menopause can currently be covered under sex, age and disability discrimination and that claims brought under those acts have been successful, more consideration should have been placed on introducing a new protected characteristic.
Employers and Employees should be aware that the rejection of this proposal does not mean that you are no longer protected by the Equality Act 2010, it just means that there is no specific protected characteristic for menopause. You will still be protected under sex, age and disability.
If you require any advice about employment law and the menopause, please do not hesitate to contact us at [email protected]