LawFlash

UK Government Confirms Approach to Menopause in the Workplace

January 26, 2023

The UK government published its response to the Women and Equalities Committee’s (WEC) report on “Menopause and the Workplace” on 24 January. In a watering down of the WEC’s proposals, and what the WEC has described as a “missed opportunity,” the UK government rejected a number of the key suggestions, including consulting on introducing menopause as a protected characteristic under the Equality Act 2010 and piloting a menopause leave policy in collaboration with large employers.

For further information about the WEC’s report, read our October 2022 LawFlash, “UK Discrimination Protection’s New Frontier: The Future Legal Landscape For Menopause At Work.

REJECTION OF LEGAL REFORMS

The UK government does not intend to amend the Equality Act 2010 as suggested by the WEC, instead preferring to continue to work within the existing legal framework, encouraging individual employers to utilise existing best practice guidance to support employees experiencing menopause in the workplace.

The first recommendation from the WEC report was the immediate commencement of Section 14 of the Equality Act 2010, which would allow discrimination claims to proceed based on two protected characteristics combined. In its response, the government noted the “significant additional burden” that this would place on employers. It further highlighted that Section 14 would be applicable to seven of the nine protected characteristics and its commencement may therefore result in unintended consequences beyond the WEC report’s consideration of dual discrimination claims based on age and sex.

The WEC report’s second proposed legislative reform was the recommendation that the government carry out a consultation on the introduction of menopause as a new protected characteristic. While the government agreed that women who suffer “substantial and longer-term menopausal effects should be adequately protected from discrimination in the workplace,” it concluded that unfair treatment of employees going through menopause was already adequately covered by the three protected characteristics of age, sex, and disability discrimination.

The government agreed, however, that the Health and Safety Executive and the Equalities and Human Rights Commission should publish guidance on the legal considerations that employers need to consider when supporting employees experiencing menopause. This includes, for example, reasonable adjustments where menopausal effects amount to a disability under the Equality Act 2010.

EMPLOYER-LED APPROACH

The government has committed to the appointment of a “Menopause Employment Champion” to drive forward work with employers on workplace issues. The government envisages that the Champion will be a Department of Work and Pensions Ministerial appointment, who will coordinate with the newly appointed Women’s Health Ambassador on issues around menopause. As recommended by the WEC, the Champion will also provide a six-monthly report on progress made by businesses, and this report will include examples of good practice.

Although the government has not agreed to produce model menopause policies to assist employers in supporting menopausal employees, concluding that it was not necessary to do so, it did acknowledge that employers and workplace colleagues should be educated and informed about symptoms of menopause and how they can support women at work. The government highlighted existing guidance on best practice approaches for employers and stated its intention that the new Menopause Employment Champion would collate best practice guidance and work with employers on implementation. Employers will need to consider this guidance in the context of their specific industry and adapt and tailor policies where appropriate.

LOOKING FORWARD

Although the scale of the initiatives backed by the UK government falls short of the WEC’s legislative proposals, there remains a number of steps that employers can take to improve the experience of menopausal employees. This will be important in the short and long term to retain this important demographic in the workplace. As women over 50 are the fastest growing demographic in the UK workforce, employers should consider taking proactive steps to create an inclusive, supportive environment for menopausal employees. This could include:

  • implementing menopause-specific policies;
  • reviewing and revising related policies that could benefit menopausal employees, such as sickness absence and flexible working policies;
  • appointing menopause champions;
  • providing training and information for employees and managers;
  • encourage talking openly about the menopause; and
  • sign-posting employees to appropriate occupational health services.

Contacts

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