Menopause - A Protected Characteristic?
The House of Commons Women and Equalities Committee carried out an inquiry in July 2021 regarding menopause in the workplace and have recently published a report to set out their findings.
The report encourages employers to be proactive and help their employees suffering from menopausal symptoms. It also suggests that employers make practical adjustments where applicable, and adopt a greater understanding of the menopause amongst their workforce through training and bespoke policies . Employers are also reminded of the risk of potential claims of discrimination and damage to reputation.
The report makes several requests to the Government, including, appointing a Menopause Ambassador to help represent those suffering from menopausal symptoms. It also expresses disappointment in the Government for failing to enact the long-awaited Employment Bill and highlights the importance of making the right to request flexible working a day-one right.
Currently, under the Equality Act 2010, menopause is largely covered under three of the protected characteristics - age, sex and disability discrimination. There is no specific protected characteristic to deal with the menopause. The report contains a request that the Government brings section 14 of the Act into force (allowing dual discrimination claims) and proposes that menopause becomes a new protected characteristic. It is very unlikely that the Government will take these requests further at the current time.
For further information on menopause in relation to the Equality Act 2010 please contact Ellie Boyd in our Employment team on 07393 148143, or complete the form below.