Jane Sinnamon is a Partner at specialist employment law firm, Collingwood Legal. Jane considers the Government's response to the Women and Equalities Committee Report, 'Menopause and the Workplace' and what it could mean for employers.
The Government has now published its response to the July 2022 report ‘Menopause and the Workplace’ produced by the Women and Equalities Committee (WEC). Whilst some of the recommendations have been accepted, in full or in part (such as the recommendation to bring forward legislation to make the right to request flexible working a day one right), some of the key recommendations have been rejected (detailed below). Overall, however, the response acknowledges the significance of the topic.
Menopause Employment Champion
One of the more significant recommendations the Government accepts in principle is the WEC’s recommendation of appointing a Menopause Employment Champion. This role will be appointed by the Department for Work and Pensions (DWP) and will consult with DWP Ministers and with the already existing Women’s Health Ambassador.
The Government directs that their key role will be to ‘give voice to menopausal women, promote their economic contributions and work with employers to keep people experiencing menopause symptoms in work and progressing’. The response does not give a timeframe as to the appointment of the Menopause Employment Champion.
Rejected Recommendations
Amongst other rejections, the Government rejected the WEC’s recommendation to produce a model menopause leave policy. The Government was of the view that a model policy is not necessary at the moment given that other organisations such as the CIPD and ACAS have already produced guidance on best practice for employers.
It has also rejected the recommendation to consult on making menopause a protected characteristic under the Equality Act 2010 (“EqA 2010”) noting that the protected characteristics of sex, age and disability already provide protection against any discriminatory treatment against employees going through the menopause. Additionally, the Government pointed out that making menopause a protected characteristic ‘may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering from long-term medical conditions’.
The Government has also ruled out the recommendation of implementing legislation introducing age and sex as a dual protected characteristic under the EqA 2010.
What next for employers?
The Government’s response may not be as radical as some were hoping but it is nevertheless a step in the right direction that should act to better support those in the workplace experiencing symptoms of the menopause.
The timeframes for implementing the outcomes of this Government response are yet to be determined, but they will come which, when coupled with an increase in an awareness of this group of employees, should highlight the importance to employers of taking proactive steps to manage this area in the interim by considering internal measures that can be taken to ensure that employees with symptoms of the menopause are supported.