An inquiry into “Menopause in the Workplace” was launched in July 2021 by the Women and Equalities Committee to review current legislation and workplace practices in relation to those experiencing the menopause. The aims of the inquiry were to:
seek views on whether employers should be required to put in place a workplace menopause policy, and
ask whether existing discrimination legislation and workplace practices are sufficient to support women suffering adverse consequences to their employment, including having to leave their jobs, as a result of the menopause.
In 2019, a survey conducted by BUPA and CIPD, found that 60% of women between the ages of 45 and 55 were negatively affected at work. The survey also found that almost 900,000 women in the UK left their job because of menopausal symptoms. The knock-on effect of this is significantly affecting diversity in the workplace, losing women with key experience at the peak of their careers who may be eligible for senior manager roles. This can further pointedly contribute to the gender pay gap.
At present, menopause discrimination is only covered by the Equality Act 2010 if a claim is brought under three protected characteristics: of age, sex, and disability discrimination. The inquiry is set to review and consider whether further legislation is required to protect menopausal workers.
The symptoms of menopause can be physical (including hot flushes, headaches, heavy periods) and also psychological (including memory loss, confusion and depression). The symptoms vary in severity from person to person, but can have a significant impact on a person’s ability to carry out day-to-day activities and perform as usual in the workplace.
The issue of menopause as a disability was considered in the case of Donnachie v Telent Technology Services Ltd ET/13000005/20. The Tribunal held that Ms Donnachie’s menopause experience of having hot flushes eight times a day which led her to feelings of fatigue and anxiety as well as and memory and concentration difficulties, all of which impacted her ability to carry out day-to-day activities including walking, reading, writing, using a computer and sleeping. The Tribunal further held that the impact of these symptoms was more than minor or trivial and it could not see any reason, in principle, why “typical” menopause symptoms could not amount to a disability.
Caroline Noakes, Chair of the Women and Equalities Committee leading the inquiry, has stated that the lack of clarity in the legislation is resulting in many claims for disability discrimination. Caroline has also stated the Committee may seek to change the Equality Act entirely to include menopause as a protected characteristic in its own right, rather than employees having to prove their symptoms amount to the protected characteristic of disability, in order to then explain why they have suffered discrimination.
The inquiry closed in September 2021 and, whilst we wait for the outcome, employers should start to consider whether they may benefit from introducing menopause policies at work in any event. Such policies can help foster an inclusive and supporting working environment. The policies tend to work practically to encourage employers to carry out risk assessments, remove any stigma or embarrassment, and engage in open conversations, which can include the involvement of Occupational Health and medical advisers.
Menopause policies may become a necessity for employers if menopause becomes a protected characteristic in the Equality Act. In any event menopause policies are good practice, assisting with an issue which affects a significant proportion of staff. Having an appropriate policy should start to address the issue of nearly 900,000 women in the UK leaving their job because they suffer from menopausal symptoms and will therefore help to ensure that the workplace can remain diverse at a senior level. We will keep you updated.
