The Government recently published its response to the report from the House of Commons Women and Equalities Committee on menopause in the workplace.

The report itself, recognised the increasing importance of how employers should support employees with menopause symptoms.

The report highlighted that:

“Women of menopausal age are the fastest growing group in the workforce and are staying in work for longer than ever before. Yet these experienced and skilled role models often receive little support with menopause symptoms. As a result, some cut back their hours or responsibilities. “

To address these concerns, the Committee made a number of recommendations which the Government has now responded to.  Whilst the Government has agreed to implement a number of the recommendations such as appointing a Menopause Employment Champion, many of the recommendations have been rejected.

These include:

• the production of model menopause policies
• development and piloting of a menopause leave policy
• the commencement of a combined discrimination provision allowing for dual characteristic claims; and
• launching a consultation on making menopause a specific protected characteristic.

However, employers shouldn’t take the view that in the absence of any Government intervention, that employees with menopause symptoms don’t have any legal protection. Employees who suffer detriments and/or dismissal due to menopause related issues can, under current discrimination legislation, pursue age, sex and disability discrimination claims.

These claims are on the increase with a report from 2022 showing a 44% increase in menopause related employment claims at the Employment Tribunal.  Given the current focus on menopause in the workplace, this is only likely to continue to increase.

The case of A v Bon Marche (In Administration) is a cautionary example.  In this case  the employee’s work situation deteriorated dramatically when she began to go through the menopause. Her male manager would demean her and humiliate her in front of other staff who were younger than her and would laugh at the manager’s remarks. The manager also refused to adjust the temperature in the shop to take account of the employee’s requirements.  It is perhaps not surprising that the employee succeeded in claims for age and sex discrimination.  The Employment Tribunal’s view of the treatment that the employee had suffered was reflected in the award of £18,000 for injury to feelings.