The UK Government has issued its response to the ‘Menopause in the Workplace’ report which was published by the Women and Equalities Committee back in July 2022. While the Government has accepted, partly accepted or accepted in principle some of the Committee’s recommendations, it also rejected some of the wider reaching proposals.
What recommendations is the Government not taking forward?
The rejected recommendations include the recommendation to consult on amending the Equality Act 2010 to include menopause as protected characteristic. In defence of this decision, the Government noted that sex, age and disability are already protected characteristics within in the Equality Act 2010 and that these protections can cover discrimination against employees going through the menopause.
Similarly, the Government also rejected the recommendation to commence section 14 of the Equality Act 2010, which would allow for dual-discrimination cases to be brought. Section 14 covers cases where A discriminates against B ‘because of a combination of two relevant protected characteristics.’ Given that menopause discrimination could be classed as sex discrimination and/or age discrimination, it is clear to see the impact that section 14 could have. Nevertheless, the Government has expressed ‘concerns about the significant additional burden which commencement of section 14 would place on employers’ generally’.
The Government went on to reject the recommendation to develop model menopause policies to assist employers. The Committee suggested that the model policy could include information such as (i) how to request reasonable adjustments, (ii) advice on flexible working or sick leave for employees with menopausal symptoms, (iii) information on the provision of education and training around the menopause and (iiii) how to build a supportive culture.
In its reasoning, the Government noted that many workplaces have already introduced policies or other forms of menopause support. It gave some examples of public sector organisations but also said that the existing resources from the Chartered Institute of Personnel and Development (CIPD) and the Advisory, Conciliation and Arbitration Service (ACAS) were sufficient in outlining best practice for employers.
What will the Government be doing to support menopause in the workplace?
The report recommended that the Government appoint a Menopause Ambassador to work with businesses, unions, and advisory groups to promote awareness and good practice and also offer guidance to employers. The Government has accepted this proposal in principle but said it will instead appoint a Menopause Employment Champion who will ‘give a voice to menopausal women’ through promoting their economic contribution as well as working with employers to help keep more staff in work who are experiencing menopausal symptoms.
The Government did also accept the proposal of making the right to request flexible working a day-one right for all employees. Although, this wasn’t a new promise as the Government already published its response to its consultation on flexible working in December 2022.
While the Government has accepted some of the recommendations, it has avoided committing to most of the more substantial, and potentially beneficial, changes. Practically this means that individual employers will still have to consider how their own policies and procedures impact their staff with symptoms of the menopause.
If you would like to discuss this issue in more detail, please contact a member of Thorntons’ Employment team on 03330 430350.
