The government confirms that menopause will not be made a protected characteristic

As Scotland’s first accredited “Menopause Friendly” employer, as well as the first law firm in the UK to achieve this status, we are pleased to see so many of our clients recognising the need for education, support and commitment to change when it comes to menopause in the workplace.

However, a recent report by the Fawcett Society, believed to be the largest survey of menopausal women conducted in the UK, highlighted the desperate need for more to be done. The report found that eight out of ten women say their employer hasn’t shared information, trained staff, or put in place a menopause absence policy, and one in ten employees who have worked during the menopause have left a job due to their symptoms. This is reflected in the growing number of tribunal claims citing menopause, with an analysis of court records by Menopause Expert Group finding that the number of tribunals involving menopause has increased by 44% year on year. The Fawcett Society report emphasises that employers can, and should, do more. However, should employers be required to do more legally?

Today, the Department for Work and Pensions (DWP) has published its response to the independent report ‘Menopause and the Workplace: How to enable fulfilling working lives’. Of particular note is that the government has confirmed that it will not make menopause a protected characteristic.

As we have highlighted previously, this means that employees must rely on sex, age and/or disability discrimination when raising employment tribunal claims relating to less favourable treatment and the menopause. Making the menopause a protected characteristic in its own right would have afforded clearer protection and made the menopause symptoms a priority for every business to understand. As it stands, clarity from developing case law will be crucial to raising awareness of unlawful treatment and setting precedent. What is clear, and what the government recognises too, is that there is a still a real need for workplace support and education. Included in the government’s recommendations are plans to launch a collaborative and government-backed employer-led campaign.

We are unlikely to have heard the last of this debate. Only recently there were reports which suggested Spain is considering introducing period leave of up to five days for those suffering severe menstrual pain. The potential Spanish law led to calls from charities for the UK to introduce something similar. The impact that the menopause and menstruation related symptoms can have on an individual’s working life, and what can be done to ensure that those individuals are supported, remains a hot topic.

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