Menopause should be a protected characteristic, say lawyers
The menopause should be a protected characteristic under employment law (such as the Equality Act) – like race, religion or age – rather than a disability in discrimination cases, lawyers have told MPs.
At the Women and Equalities Committee’s inquiry into menopause and the workplace, evidence was heard from legal experts that indicated employers need to create a more understanding environment to make fair adjustments for women experiencing the menopause. Menopausal women currently face stigma and ignorance about the condition at work. There are currently nine protected characteristics under the Equality Act.
- Disability
- Age
- Sex
- Religion and belief
- Pregnancy/maternity status
- Gender reassignment
- Sexual orientation
- Marital/civil partnership status
- Race/nationality/ethnic origin/colour
The inquiry followed research that revealed that women in the UK were being forced out of jobs because of a lack of employer support and understanding during the menopause. Lawyers said employers needed clearer guidance to help them enforce current legislation.
Adam Pavey, Director of Employment and HR at commercial lawyers Pannone Corporate, told the committee:
“This is a knowledge exercise that must apply to men as well as women. The menopause is more than just having a hot flush from time to time. When an employee feels there is no understanding, they stand no chance of overcoming difficulties. Organisations should have policies related to the menopause, but it must come with training and understanding.”
Research reveals that the majority of employers do not have a menopause policy in place; no current legislation requires it, although women feel it would make things easier for them.
Said Colin Davidson of the Discrimination Law Association:
"Employers and employees would benefit from change. Employees do not believe they will be heard by a sympathetic ear. You have to sue for disability just to get minor adjustments in the workplace.”
This comes at a time when women who feel they have been discriminated against at work on the grounds of the menopause are seeking legal action in much higher numbers, according to recent HM Courts and Tribunals Service figures. Over the last four years, Employment Tribunals referencing menopause have almost doubled. According to consultancy Menopause Experts, menopause was featured 116 times in Employment Tribunals in the first six months of 2021 alone, with that expected to increase to 232, should the rate continue as it is.
related content
