UK Government Rejects Calls To Make Menopause A Protected Characteristic

The Government has published its response to the Women and Equalities Committee’s Menopause and the workplace report, rejecting several recommendations including the suggestion to make menopause a protected characteristic.  Julie Sabba, an Associate in the Employment team, considers the implications of the Government’s stance.

The decision not to add ‘menopause’ as an additional protected characteristic under The Equality Act 2010 (The Act) was largely considered to be due to the fact that affected women are already protected by the Act through its sex, age and disability provisions. The news has, however, been met with disappointment by the Women and Equalities Committee as well as many organisations that support women in the workplace. Writing to the Government, the Chair of the Committee Caroline Nokes, voiced concern that the Government has “ignored the significant evidence base” for equality law reform and called on Westminster to review its position. Ms Nokes also set out the low cost but high impact opportunities provided by model workplace menopause policies and leave.

Yet, there have also been concerns raised about the negative impact a distinct category of ‘menopause’ as a protected characteristic may have on women in the workplace; potentially causing women to be viewed as vulnerable and less able than their male counterparts.

Although many employers are likely to be relieved that menopause is not to be made into a protected characteristic, it is becoming increasingly common in modern workplaces for employers to take steps to be fair and supportive of its employees, whatever challenges they may be facing.  Therefore, despite the Government’s decision, there is still a desire for employers to create menopause policies and support procedures of their own accord, where not already being used.