[UK] Government will not make menopause a protected characteristic

The UK government has decided against making menopause a standalone protected characteristic under the Equality Act, despite a strong campaign spearheaded by the chair of the women and equalities committee, Elite Business reports.

The decision could come as a real blow to many who are experiencing menopause symptoms. Menopausal women are the fastest growing demographic in the workforce with 8 out of 10 currently in full or part-time employment. 

 A recent survey reportedly found that 1 in 3 women had missed work due to menopause symptoms but only one in ten had asked for workplace adjustments. Despite this, nearly 90 per cent of the same group have felt that their symptoms have had an impact on their working life. 

Those who took the survey said that the main reason for not seeking help was that they were “worried about the reaction of others” or did not know who to contact within their organisations.

Although the government has decided not to introduce menopause as a protected characteristic under the Equality Act, employers should remember that the less favourable treatment of an employee due to this health condition could still amount to unlawful sex, age and disability discrimination.

The government will continue to consult the Equality and Human Rights Commission (EHRC) and ACAS, to determine whether improvements can be made to the current guidance. This will hopefully raise awareness and improve understanding of the law and employers’ responsibilities if they have an employee affected by menopause; such as the legal requirement to make reasonable adjustments.

Affected individuals are still protected under existing legislation which prohibits less favourable treatment on the grounds of age, sex and disability. 

The number of employment tribunals involving menopause between 2020 and 2021 reportedly increased by 44per cent. And these past judgements have demonstrated that employees can successfully claim unlawful discrimination and harassment on each of these grounds, due to them suffering from menopausal symptoms. 

It is therefore essential that employers consider each staff member on an individual basis and implement tailored reasonable adjustments to support them during this time. 

Flexible working may, for example, improve the work life of one staff member while another may simply like to move to a cooler part of the office to help offset their symptoms.

Gender-specific health concerns, like menopause, can be difficult for employees to talk about. Many have reported feelings of embarrassment and discomfort about having related discussions, in addition to the associated physical and emotional symptoms. 

The issues frequently arise from ignorance about what menopause is and how it affects people in their daily lives. For this reason, it is important that employers are adequately trained in how to conduct these conversations before they can consider providing effective support to affected individuals. 

Signing the Menopause Workplace pledge is a great first step, proving that an employer recognises the issues menopause can cause in women’s daily lives and additionally committing to be an organisation that works to proactively support staff throughout every stage of their working lives.

Robust internal policies can further reaffirm this and act as a guide to the steps that employees should take if they need further support.

Businesses that do the work to support their staff will often reap the rewards. Happy and supported staff stay in roles longer and have higher levels of motivation and productivity. Managers will see a return on investment from internal training and development exercises that create better channels of communication across their organisation as a whole.

The UK government has decided against making menopause a standalone protected characteristic under the Equality Act, despite a strong campaign spearheaded by the chair of the women and equalities committee, Elite Business reports.

The decision could come as a real blow to many who are experiencing menopause symptoms. Menopausal women are the fastest growing demographic in the workforce with 8 out of 10 currently in full or part-time employment. 

 A recent survey reportedly found that 1 in 3 women had missed work due to menopause symptoms but only one in ten had asked for workplace adjustments. Despite this, nearly 90 per cent of the same group have felt that their symptoms have had an impact on their working life. 

Those who took the survey said that the main reason for not seeking help was that they were “worried about the reaction of others” or did not know who to contact within their organisations.

Although the government has decided not to introduce menopause as a protected characteristic under the Equality Act, employers should remember that the less favourable treatment of an employee due to this health condition could still amount to unlawful sex, age and disability discrimination.

The government will continue to consult the Equality and Human Rights Commission (EHRC) and ACAS, to determine whether improvements can be made to the current guidance. This will hopefully raise awareness and improve understanding of the law and employers’ responsibilities if they have an employee affected by menopause; such as the legal requirement to make reasonable adjustments.

Affected individuals are still protected under existing legislation which prohibits less favourable treatment on the grounds of age, sex and disability. 

The number of employment tribunals involving menopause between 2020 and 2021 reportedly increased by 44per cent. And these past judgements have demonstrated that employees can successfully claim unlawful discrimination and harassment on each of these grounds, due to them suffering from menopausal symptoms. 

It is therefore essential that employers consider each staff member on an individual basis and implement tailored reasonable adjustments to support them during this time. 

Flexible working may, for example, improve the work life of one staff member while another may simply like to move to a cooler part of the office to help offset their symptoms.

Gender-specific health concerns, like menopause, can be difficult for employees to talk about. Many have reported feelings of embarrassment and discomfort about having related discussions, in addition to the associated physical and emotional symptoms. 

The issues frequently arise from ignorance about what menopause is and how it affects people in their daily lives. For this reason, it is important that employers are adequately trained in how to conduct these conversations before they can consider providing effective support to affected individuals. 

Signing the Menopause Workplace pledge is a great first step, proving that an employer recognises the issues menopause can cause in women’s daily lives and additionally committing to be an organisation that works to proactively support staff throughout every stage of their working lives.

Robust internal policies can further reaffirm this and act as a guide to the steps that employees should take if they need further support.

Businesses that do the work to support their staff will often reap the rewards. Happy and supported staff stay in roles longer and have higher levels of motivation and productivity. Managers will see a return on investment from internal training and development exercises that create better channels of communication across their organisation as a whole.