Menopause within the workplace has become a prevalent topic in recent years and when considering employment law related issues, menopause continues to be firmly on the Government’s agenda.

The Women and Equalities Committee published a report titled ‘Menopause and the Workplace’ on 28 July 2022, which set out a number of proposals and recommendations for the Government to consider in respect of potential menopause policies and legislation. The Committee recommended that a Menopause Ambassador be appointed to work alongside businesses, unions and other advisory groups to promote awareness and good practice in respect of the menopause. It was recommended that the Menopause Ambassador would work in conjunction with the Government to produce model menopause policies to assist employers. The Committee also suggested that the Government work with a public sector employer to pilot a specific ‘menopause leave.’

The Equality Act 2010 is the legislation which governs workplace discrimination and sets out the relevant protected characteristics. Within their report the Committee proposed the introduction of a single dual protected characteristic of both age and sex, through Section 14 of the Act, which could be used to protect women going through the menopause from discrimination. It was also recommended that a consultation should be held on how to make menopause a protected characteristic under the current legislation including a duty on employers to provide reasonable adjustments for menopausal employees.

Following the publication of the report, the Government have now issued their response to the Committee’s recommendations. The Government has confirmed that it will appoint a ‘Menopause Employment Champion’ who will work with employers on menopause related workplace issues and spearhead a government backed campaign on menopause at work. Despite the Committee’s recommendations, the Government has not accepted the need for model menopause policies to be published as it considers sufficient steps are currently being taken by employers and other key organisations such as ACAS to develop policies and guidance in this area.

In respect of legislative changes, the Government rejected the proposals regarding Section 14 of the Equality Act 2010, as ‘cherry-picking’ of dual characteristics cannot be done under the current legal regime. The Government also refused to accept the recommendation to make menopause a protected characteristic.

In light of the Government’s response, it is clear that it is keen to strike a balance between providing adequate legal protection for menopausal employees and imposing arbitrary restrictions on employers. Whilst there is clearly a compromise to be had, the Government has agreed that it is paramount that women have sufficient protection within the workplace so that they do not experience discrimination as a result of the menopause. This is therefore an area that we expect will continue to evolve.