Pause on menopause protection in the workplace?
The report recommended that the Government amend the Equality Act 2010 to include menopause as a protected characteristic and make it an obligation for employers to provide reasonable adjustments for staff going through the menopause. The report also put forward a proposal for dual discrimination claims to be allowed at employment tribunals.
However, despite the arguments put forward for the recommendations, the Government recently rejected some of them including the recommendation to make menopause a protected characteristic. The government’s rationale behind the protected characteristic rejection is that it would not protect employees experiencing less favourable treatment because of their menopause symptoms. The Government refers to the protected characteristics of sex, age and disability and how these already provide protection against any discriminatory treatment of staff going experiencing the menopause. There was also discussion that it was rejected in part because of a fear that it would discriminate against men.
Although not all recommendations have been rejected – the Government has said it will appoint a menopause employment champion to work with businesses and unions to encourage good practice in the workplace.
Is this the last we hear of the Government considering menopause in the workplace or will the menopause focus be taken off ‘pause’ by the Government in the not too distant future? Either way, employers should consider what internal measures they can put in place (or maintain if they already have some) to ensure that they are fully supporting any staff members going through the menopause and experiencing symptoms while at work.