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Insight
In 2021, there were 23 employment tribunal cases citing the menopause – up from 16 cases in the previous year. Of those cases, 16 included claims for disability discrimination; 14 included claims for unfair dismissal and 10 included claims for sex discrimination.
There is a developing line of case law around the protection that those suffering with menopausal symptoms might be afforded under the current provisions of the Equality Act 2010.
Even so, Parliament is currently considering whether to extend the protections of the Equality Act 2010 by including the menopause as a specific protected characteristic with the outcome of the Women and Equalities Committee inquiry due within the next year. In fact, the Speaker of the House of Commons, Sir Lindsay Hoyle, has recently signed a pledge vowing to make the House of Commons a “menopause friendly” workplace.
This stark increase is perhaps unsurprising given recent high profile figures bringing the menopause to the forefront. Indeed, some recent surveys have found that 99% of people suffering with menopausal symptoms felt that this had led to a negative impact on their careers, with over a third of those surveyed saying the impact was significant and 12% saying they had to resign as a result of suffering with menopausal symptoms.
All of this serves to highlight how important it is for employers to consider the effects of the menopause on their workforce, particularly as by the end of 2022 it is estimated that 1 in 6 workers will fall into the age bracket (40 – 55) most likely to be affected by the menopause. Employers should take practical and proactive steps to address the effects of the menopause including:
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For advice and assistance on the potential impact of the menopause in the workplace, including guidance around internal menopause policies incorporating the suggested steps set out above, please contact our expert employment and HR lawyers. Call 01332 226 155 or fill in the form below.
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