UK: Government confirms no legislative changes to cover the menopause

The Government has confirmed previous announcements that it does not intend to amend the law to enhance protection for workers going through the menopause.  Its formal response to the report of the House of Commons Women and Equalities Select Committee published on 24 January 2023 confirms that:

• it will not bring the dual discrimination provisions of the Equality Act into force in order to permit a combined sex and age discrimination claim.  It considers that the prohibition on discrimination on a single ground (ie, sex, age or disability) provides sufficient protection;
• it will not make the menopause a new protected characteristic nor impose a duty to make reasonable adjustments for workers going through the menopause.  It is concerned about "unintended consequences" including "discrimination towards men suffering from long-term medical conditions" and suggests that a full-scale review of the Act would be needed before making such reforms;
• it has also rejected recommendations to produce a model menopause policy (on the ground that there is already guidance on developing a policy available from Acas and the CIPD) and to pilot a menopause leave policy with a large public sector employer (on the basis that its priority is to support women with menopausal symptoms to remain at work through disseminating best practice and encouraging employers to implement menopause policies and other forms of support);
• a Menopause Employment Champion reporting to DWP ministers will spearhead a campaign outlining the benefits of recruiting and retaining women going through the menopause;
• the HSE will be asked to publish guidance on supporting disabled people and those with long-term health conditions, which may apply to those suffering menopausal symptoms; expected Autumn 2023.

In March the new Menopause Employment Champion was appointed.  She has called on more employers to develop menopause policies.

Of course, employers need to bear in mind that employees suffering significant menopausal symptoms may already satisfy the statutory definition of disability and therefore require reasonable adjustments. Inappropriate remarks or assumptions about the menopause also risk successful claims of discrimination or harassment on the grounds of sex or age.  Given heightened awareness of this issue, employers should ensure it is included within diversity training for staff, and that managers in particular are aware of the wide variety of menopause symptoms, duration and onset dates (including early menopause) that can be suffered and how to respond appropriately if an employee raises their menopause symptoms in the context of discussions about performance, sickness absence or reasonable adjustments.

The Labour Party has announced that, if in government, it will introduce a requirement for employers with over 250 employees to publish and implement a "menopause action plan" that sets out how they are supporting employees experiencing menopause symptoms.  The plans would be submitted via the same online portal used for gender pay gap reporting.  They would also release new government guidance for employers on how to best support their employees.