DISCRIMINATION - 07.02.2023

No menopause protection?

The government has confirmed that it’s not going to make menopause a protected characteristic under the Equality Act 2010. Does this mean that you can ignore menopause-related issues?

A recommendation. In 2021 the House of Commons Women and Equalities Committee recommended the introduction of menopause leave. It was also suggested that menopause should be made a protected characteristic under the Equality Act 2010 . However, in January 2023 ministers rejected these proposals, citing the possibility that such a move could be discriminatory towards men. So, does this decision mean that you can ignore all menopause-related issues in your workplace?

What now? Although these proposals have been rejected, employees who are experiencing menopause can still take time off as sickness absence for this reason. In addition, whilst menopause hasn’t been given protected characteristic status, those experiencing it may rely on the protected characteristics of age, sex and disability and use one or more of them as grounds to issue a discrimination claim at the tribunal.

Properly managed. Therefore, not only you should you manage menopause-related issues whenever they are brought to your attention by an employee - which includes providing practical support and making reasonable adjustments where necessary - staff should also know what practical support and adjustments are available to them. Your starting point here is a clear menopause policy combined with Acas’ Menopause at Work guidance for employers (see The next step ). After that, each situation must be handled on a case-by-case basis.

Tip. When you discuss menopause with an employee, don’t make any assumptions about the symptoms they are experiencing and the effect they might have at work. Also, don’t pressurise an employee into discussing their menopause or symptoms.

For a menopause policy and Acas’ Menopause at Work guidance for employers, visit https://www.tips-and-advice.co.uk , Download Zone, year 25, issue 4.

Although it’s not being made a protected characteristic, those experiencing menopause can still claim discrimination due to age, sex and disability. Provide support and make reasonable adjustments where necessary.

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