The Women and Equalities Committee - menopause and the workplace

The Women and Equalities Committee (the Committee) published its first report entitled “Menopause and the workplace” on 28 July 2022. Within the report, various recommendations were set out with the view to support women going through menopause, including:

1. Appointing a Menopause Employment Champion. 
2. Producing model menopause policies. 
3. Piloting a specific menopause leave policy. 
4. Consult on making menopause a protected characteristic under the Equality Act 2010, including the duty to provide reasonable adjustments for menopausal employees. 

The Government’s response to the report was published on 24 January 2023, and recommendations 2,3, and 4 above were rejected. It was stated that implementing these recommendations could have “unintended consequences which may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering from long-term medical conditions, or eroding existing protections” and that menopause was already adequately protected by age, sex and disability, which are currently protected characteristics under the Equality Act 2010.

One recommendation that the Government is supporting, is the introduction of a Menopause Employment Champion. The response states that this individual will consult with DWP ministers at various intervals and also with the Women’s Health Ambassador on the issue of menopause and employment and produce a six-monthly report on progress made by businesses, including examples of good practice.

For some, it may be disappointing that most of the substantive recommendations proposed by the Committee have been rejected, however, it is important to note that individuals can still bring a claim in the employment tribunal based on the protected characteristics of age, disability or sex. These protections are available for employees if they have been put at a disadvantage and treated less favourably as a result of their menopause and/or symptoms.

Even though the recommendations put forward by the Committee have been rejected by the Government, does not mean they are not worth implementing in any event. In our view, the recommendations would go some way in supporting those going through menopause and therefore they are worth considering from an employee relations perspective. There are a number of steps employers can take to improve well-being in the workplace replying to menopause, which includes:  

• Implementing a menopause policy. This would help to remove the stigma of menopause in the workplace by explaining what it is and how it can affect people. It should also explain what support is available to staff experiencing menopause. As part of this policy, employers could appoint a “menopause champion” who would be in charge of the policy.
• Referring to menopause in other policies, including sickness absence and flexible working.
• Providing training for staff (including managers) about menopause and its effects.
• Undertaking risk assessments (including for those staff who work from home) to ensure menopause symptoms are not worsened by the workplace and making changes where appropriate. Simple changes in the workplace could make a big difference to staff, including the temperature of the office, having cold drinking water available, or changing the material of a uniform.

If you want to read the Government’s response, you can find it here: Menopause and the workplace: Government’s response to the committee's first Report. Fourth Special Report of Session 2022-2023 (parliament.uk)