The Woman and Equalities Committee (WEC) has recently published its Menopause and the Workplace report where it has recommended that the Government add menopause as the 10th protected characteristic to the Equality Act 2010 in order to stop ‘highly skilled and experienced’ women from leaving the workforce.
Upon releasing the report, WEC Chair, Caroline Nokes MP commented:
“Menopause is inevitable. The steady haemorrhage of talented women from our workforce, however, is not.
“Stigma, shame, and dismissive cultures can, and must, be dismantled. It is imperative that we build workplaces – and a society – which not only supports those going through menopause, but encourages some of the most experienced skilled workers in our economy to thrive.”
The WEC also made several other recommendations, which include:
- Appointing a “menopause ambassador” tasked with introducing model workplace policies, which would include how to request reasonable adjustments and guidance on flexible working and sick leave. The Government should enact Section 14 of the Equality Act which would enable Claimants to bring Employment Tribunal claims for “dual discrimination” where they feel that a combination of protected characteristics has resulted in discrimination; such as the combination of age and gender.
- There should be a menopause service in every clinical commissioning group. The WEC was critical in its report of the current “unacceptable” postcode lottery for access to specialist care.
- Finally, the Government should undertake a public health campaign concerning menopause symptoms to raise general awareness, and a menopause leave policy pilot scheme in the public sector.
Caroline Nokes MP further commented:
“The omission of menopause as a protected characteristic under the Equality Act is no longer tenable, given that 51% of the population will experience menopause.
“Menopausal women have been mocked and maligned for too long. It is time that the Government seizes the opportunity to enact change. It is time to support, and celebrate, these women.”
Statistics showing the extent of the current issues
A WEC commissioned a survey of more than 2,000 women and found that 67% of respondents stated that they experienced “a loss of confidence” due to menopausal symptoms. 70% also reported “increased stress”.
Other research also revealed that women experiencing at least one problematic menopausal symptom are 43% more likely to have left their jobs by the age of 55 in comparison to those who have no severe menopausal symptoms. Research by Bupa has also revealed that 900,000 women experiencing menopause have left work.
Will the Government act on the WEC’s recommendations?
In March, when giving evidence to the WEC, Business Minister, Paul Scully, said there were no plans to enact Section 14 of the Equality Act as the Government considered that the current employment laws were sufficient for claimants to make a Tribunal claim on more than one ground.
Minister for Women, Baroness Stedman-Scott, argued that enacting Section 14 would:
“Introduce unwelcome regulatory complexity and place new costly burdens on business and the public sector.”
In a letter to the WEC in May, Baroness Stedman-Scott wrote:
“Commencement of this provision cannot be done on a ‘cherry-picking’ basis and would therefore introduce a further 20 combined protected characteristics along with ‘age/sex’, creating an unhelpful distraction for employers from what they should be doing – complying with the current law with its existing protected characteristics and being aware of the guidance.”
However, the Discrimination Law Association (DLA) and the Employers Law Association both disagreed that it would be complex or costly to enact, and argued there was no evidence to support that proposition.
Co-chair of the DLA, Colin Davidson, said:
“The Government must listen to the committee’s proposals and act immediately to make menopause a protected characteristic to prevent women from suffering harassment and discrimination at work simply for going through a natural part of their lifecycle.
“It is outrageous that in 2022 women are still forced to say that menopause is tantamount to a disability to have any legal redress against their employers. While I am delighted that the committee has listened to witnesses and is calling on the Government to change the law, it is tragic that so many women have had to endure discrimination and this needs to stop now.”
What should I be doing as an employer?
Currently, as we have alluded to above, menopause is not a protected characteristic under the Equality Act 2010. However, to improve employee wellbeing and staff retention we would advise that employers introduce and adapt policies for employees undergoing menopause.
Consultation and engagement with those affected will also be important.
How can Nelsons help?
Laura Kearsley is a Partner in our expert Employment Law team.
If you would like any advice in relation to the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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