Calls To Add Menopause To The List Of Protected Characteristics
As we highlighted in a recent article, there have been calls to add caring to the list of protected characteristics under the Equality Act 2010. However, the parliamentary Women and Equalities Committee have now released a new report entitled 'Menopause and the Workplace', in which it calls for the menopause to also be added to the list of protected characteristics.
In the new report, the Commitee argue that there is lack of support from employers which has mean't that "menopausal women [are] leaving the workplace prematurely." To address this issue, the Committee contends that the Government should "introduce a new protected characteristic of menopause, including a duty to provide reasonable adjustments for menopausal employees." The Commitee also call for a new "Menopause Ambassador" to be created to "work with stakeholders from business (including small to medium enterprises), unions, and advisory groups to encourage and disseminate awareness, good practice and guidance to employers."
A 2019 report commissioned by BUPA and the Chartered Institute of Personnel and Development (CIPD), found that 900,000 women had had to leave their jobs as a result of menopausal symptoms. Moreover, the Committee's report states: "Professor [Jo] Brewis told the Committee about recent research [that] showed that women who reported at least one problematic menopausal symptom at the age of 50 were 43% more likely to have left their jobs by the age of 55 and 23% more likely to have reduced their hours." Furthermore, these issues have serious repercussions for women in terms of exacerbating the gender pay gap, the pensions gap, and by reducing the number of women in senior roles.
Currently, whilst menopause is not currently a protected characteristic, discrimination arising out of menopause can be brought as part of a disability, age, and/or sex discrimination claim. The most common of these are claims for disability discrimination.
To succeed with a claim for disability discrimination, a claimant must show that they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Although menopause is not expressly categorized as a disability, tribunals must still consider whether the individual circumstances could give rise to a disability under the definition set out in the Equality Act 2010. The effects of menopause can be extremely debilitating, and include symptoms such as insomnia, heavy bleeding, cognitive impairment, fatigue, depression, anxiety, hot flushes, and problems with the joints. These symptoms are often found to meet the criteria as to what constitutes a disability.
As regards sex and age discrimination, cases are often brought for direct discrimination and harassment where women are subjected to unfavourable treatment on account of the menopause
Nevertheless, in their report, the Committee stated that they are "persuaded that a new protected characteristic of menopause should be created." The Committee chair, Caroline Nokes, contends that: "The omission of menopause as a protected characteristic under the Equality Act is no longer tenable, given that 51% of the population will experience menopause. We were shocked to hear that many women have to demonstrate their menopausal symptoms amount to a disability, to get redress. Our Committee is calling on the Government to make menopause a protected characteristic in its own right."
Nokes adds: "Menopause is inevitable. The steady haemorrhage of talented women from our workforce, however, is not. Stigma, shame and dismissive cultures can, and must, be dismantled....It is time that the Government seizes the opportunity to enact change."
24% Of Business Leaders State Recruitment Is Biggest Problem
A new report compiled by the Recruitment and Employment Confederation (REC) states that the ongoing problems arising out of labour shortages, could end up potentially costing the UK economy around £30 - £36 billion per annum in lost GDP.
The chief executive officer of REC, Neil Carberry, stated: "Labour shortages have the power to bring segments of the UK economy to their knees. Government needs to create the environment for businesses to be able to invest and thrive."
