Is Menopause the next Protected Characteristic?
Given that 50% of the population will have to live with the symptoms of menopause at some time in their life – why is the Menopause not directly protected under the Equality Act 2010?
When you say the word menopause, hot flushes and night sweats spring to mind. However these are just two of a number of uncomfortable and for some, debilitating symptoms that are experienced when going through the menopause. Other symptoms can include, night sweats, difficulty sleeping, low mood or anxiety and problems with memory and concentration. It isn’t difficult to see that these symptoms could very easily have an impact on a person’s ability to perform at work. That, coupled with the stigma associated with menopause, indicates that this is an area of extreme vulnerability for many women in the workplace.
Yet there is no protection directly afforded to women who are experiencing these symptoms.
On average a woman can expect the symptoms of menopause to last up to 4 years, however 1 in 10 women will experience symptoms for as long as 12 years. This is not a fleeting period of time and represents a significant amount of a woman’s life.
At present the following nine characteristics are protected under the Equality Act 2010: Age, Sex, Sexual Orientation, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race and Religion or Belief. There is no direct protection for a woman experiencing menopausal symptoms at work.
Despite no direct protection there have been a number of recent cases where women sought to be protected by making claims of sex or disability discrimination. Should women have to rely on these characteristics? Why is menopause not protected in its own right?
These are questions that are currently being examined by MP’s leading the Menopause and Inquiry Committee after a 2019 survey by BUPA and the Chartered Institute for Personal Development (CIPD) found that, ‘ three in five menopausal women – usually aged between 45 and 55 – were negatively affected at work and that almost 900,000 women in the U.K. left their jobs over an undefined period of time because of menopausal symptoms.’
The inquiry will consider whether current legislation can provide adequate protection for women at work. If the answer is no, it is likely that the Committee will recommend a change to the Equality Act, potentially creating menopause as a new protected characteristic in its own right.
Why does this matter?
Women between the ages of 45 -55 are at the peak of their working life. If women are leaving positions at this time there are knock on effects to their pensions. Equally the pool of candidates for the top jobs becomes smaller and more male dominated. This is the opposite of what is required for gender equality and societal advancement.
In order to get ahead we recommend that employers adopt a menopause policy which sets out its approach in dealing with workplace issues. This will help employees facing the menopause to feel more supported by their employer. Ultimately, even if the Equality Act is not amended to provide direct protection, employees may still be protected through the existing protected characteristics.
If you would like more advise on the topic or would like assistance in drafting a policy for your business then please feel free to contact us and we will be happy to help
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