Working and the menopause: what is the law in the UK?

Menopause, discrimination and the law - what’s changing?

You may have seen the recent media coverage about work and the menopause. The UK government has rejected several of the recommendations made by the Women and Equalities Committee. The cross-party Committee launched an inquiry to investigate how menopausal people can be better supported at work. It released a report on 28th July 2022, which advised that current UK law was insufficiently protective. One of its 12 proposals was to make the menopause another protected characteristic of the 2010 Equality Act. In this blog, we will outline the current legal position on working and the menopause. We will also look at the issues being debated in this area.

 What is the current legal position on working and the menopause?

 At present, protected characteristics under the Equality Act 2010 include age, disability, gender reassignment and marriage and civil partnership. Pregnancy and maternity, race, religion or belief, sex and sexual orientation are also included. Discrimination on the basis of any of these factors is unlawful.

Menopause is not currently one of the protected characteristics. However, disadvantage or less favourable treatment due to the menopause may be discrimination if it relates to an existing protected characteristic.

Additionally, employers should be aware of the Health and Safety at Work Act 1974. It stipulates that they must ensure workplace “health, safety and welfare” for all employees, “so far as is reasonably practicable”. This includes those with menopause symptoms.

What did the Women and Equalities Committee propose?

The Committee’s report recommended that the government launch a consultation on the amendment of the Equality Act 2010 and whether to establish menopause as a protected characteristic. It advised that this should include consultation on “a duty to provide reasonable adjustments for menopausal employees”. The Committee acknowledged that such a change would require “careful drafting and consultation”.

How did the government respond to this recommendation?

The government did not accept this proposal in its response to the Committee report, released on 24th January 2023. It was not convinced that the inquiry’s evidence “fully supports” establishing menopause as a protected characteristic. It also exhibited concern over possible “unintended consequences which may inadvertently create new forms of discrimination”.

The Committee are of the opinion that the government’s response “ignored the significant evidence base” within its report, which supports the menopause being introduced as a protected characteristic. Its Chair, MP Caroline Nokes, stated that the Government’s “refusal to even consult on reforming equalities law doesn’t make sense”. The Committee has urged the government to reconsider this.

What protection currently exists in the workplace for those going through the menopause?

Menopausal employees may be protected under existing discrimination law. Menopause-related disadvantage or less favourable treatment can constitute discrimination if connected to an existing protected characteristic. For instance, an employee may receive protection under the protected characteristic of age, since age is often linked to the menopause. Furthermore, if an employee’s menopause is deemed to constitute a disability under the discrimination legislation, their employer will be required to make reasonable adjustments. This involves taking reasonable steps to remove disadvantages that an employee may experience as a result of their disability.

Want to know more?

If you have questions about work and the menopause, or you require any legal advice in this area, please do not hesitate to get in touch with us. Our employment solicitors are highly experienced in advising both employees and employers. We will provide you with expert advice that is tailored to your own particular circumstances.