Equality Act 2010 Guidance: Gynaecological Conditions Debate
Full Debate: Read Full DebateAlec Shelbrooke
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(3 days, 12 hours ago)
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It is a pleasure to serve under your chairmanship, Ms Jardine. I congratulate the hon. Member for Hampstead and Highgate (Tulip Siddiq) on an excellent opening speech, which has covered so many of the aspects that we have spoken about for so many years.
I started to raise the issues of endometriosis about a decade ago in this very room. Again, like the hon. Lady, it came to my attention through someone coming to see me in a constituency surgery. I then realised I had a close friend whose wife had suffered from endometriosis since her teen years. What is striking straightaway is how many people do not know about the condition. Therein lies one of the great problems. I remember when I first started doing this, I got lots of comments about why I was bringing this up as a man. I always found that comment particularly strange—surely we are elected to represent all our constituents, and well over 50% of my constituents are women—but it spoke to a greater problem: people do not understand women’s health needs.
Women’s health needs are exceptionally different from those of men. The reality is that men can sympathise, but cannot empathise, because they are unlikely to suffer from chronic diseases throughout their lives, from teenage years through to old age. Women can have endometriosis long after the menopause—it is not to do with being of a fertile age. Also, the growth of the endometrium is not linked just to having a uterus, as it can spread to other parts of the body.
The hon. Member for Hampstead and Highgate outlined some of the problems, but—I am sorry for this, Ms Jardine—I will get a little more graphic and try to paint a picture of what some gynaecological conditions can mean. If a person who has stage 3 or stage 4 endometriosis, there is a real chance that it has invaded their digestive system—indeed, that can be when problems start to become apparent, but by that time, it can have progressed a long way down the line. I am sure that everybody in this room will have suffered from food poisoning or an upset stomach, when—I do not want to be too graphic—they could not get off the toilet. We all know what is like, and it is horrific, but we stay at home, take our salts and fluids, and work our way through it for 24 hours. What happens is that we feel a bit rotten for a couple of days, but then we go back work.
For people who have reached such a stage of the disease, that happens all the time. They will be sitting at work and will suddenly have to rush to the bathroom. One thing that people recognise is that endometriosis can cause heavy bleeding, and how embarrassing that can be for a teenage girl. The very fact that people may soil themselves without realising is a great problem, which needs sympathetic employers to arrange an office space and position things so that they are able to go to the toilet quickly. There needs to be understanding from fellow employees, and we need to make sure that employers recognise the issues.
I will not dwell on this point, because many other hon. Members want to speak, but education plays an important role. I worked with some girls born in the 21st century who did not know about the condition, which shocked me. If it is taught to all sexes in schools, understanding will come through. If people do not know what a disease is, it is easy to try to dismiss it and say, “This person just takes time off work. Women get heavy periods. They’re just a malingerer—they’re not doing anything.” As I have spoken about for so long, such conditions need to be protected under the Equality Act. I am proud to chair the board of The Endometriosis Foundation, and that our brilliant chief executive officer, Carla Cressy, who has stage 4 endometriosis, has done so much to support people. Research shows that around 90% of affected people experience a mental health impact, and 50% think about taking their lives—unfortunately, about 30 women a year do take their lives. That is how serious the subject is.
If I can leave people with just one message, it is just to think about it. As an employer or a man, think about if you had to go to work every day, not knowing whether you will suddenly soil yourself while sitting at your desk. Think about that, and about how we should be dealing with people who suffer from this terrible disease.
I ask Members to stick to an informal time limit of three minutes.
The Minister for Equalities (Satvir Kaur)
It is a pleasure to serve under your chairmanship, Ms Jardine. I will endeavour to speak at pace so that I can cover everyone’s points and respond accordingly.
I start by thanking my hon. Friend the Member for Hampstead and Highgate (Tulip Siddiq) for introducing this important debate on a serious issue faced by so many women and girls; I am sure that we can all agree that she spoke extremely passionately. I thank her personally for her ongoing efforts in this campaign. I extend my thanks to the campaigners in the Gallery and acknowledge the challenges that my hon. Friend’s constituent Sanju Pal has faced, which led her to create this petition to add gynaecological conditions to the Equality Act 2010 guidance.
I thank everyone for sharing their stories and for their contributions. I am personally passionate about this issue. The stats speak for themselves; I am not going to repeat them, but we all know that behind every one of them is a woman potentially suffering in silence—a woman getting dismissed and a woman who needs support.
This Government recognise the difficulties and pain that women and girls face in managing symptoms related to gynaecological conditions. As today’s debate has highlighted, menstrual and reproductive health issues can have a significant impact on the physical and mental wellbeing of women and girls, including on their participation in the workplace. The struggle is real and I have felt it myself, so I can relate to the Opposition spokesperson, the hon. Member for Beaconsfield (Joy Morrissey). I personally thank my hon. Friend the Member for Hampstead and Highgate for her efforts inside this House as well: I have definitely reaped the benefits from those internal campaigns. For example, I have been able to vote by proxy when struggling with my health.
As a Government, we do not believe that anyone in this country should have to choose between managing their health and pursuing their career. We are committed to protecting the rights of women against unlawful discrimination in the workplace and ensuring that they have access to redress. As Members will know, depending on the circumstances, the Equality Act already provides protection from discrimination on the grounds of sex, age or disability. The Act’s definition of disability focuses, for the most part, on how a condition affects a person’s day-to-day life, rather than listing specific conditions or impairments. That flexibility is important to allow the law to cover a vast range of conditions, as well as to avoid the risk of excluding changing, fluctuating or progressive conditions that impact on individuals differently.
My hon. Friend and other Members may be aware that the Government intend to produce guidance explaining how the law protects against combined discrimination. We can, of course, consider how gynaecological conditions can form part of that, and I will ensure that that is considered effectively. Alongside that, my hon. Friend and others will agree—I know that she made noises to this effect—that the issue can be addressed more effectively and quickly through ongoing efforts to help employers themselves to take more effective steps to support the health and wellbeing of their female employees: strengthening rights related to sick leave and flexible working, and improving how the health system addresses these conditions.
I am listening carefully to what the Minister is saying, and I do not doubt for one second her belief in the policy moving forward. However, I am concerned—and it is just a concern—that putting it into the Act will make employers recognise that it is specifically there, whereas saying that the Act can deal with it is still a bit opaque. This is one of the problems we have had; we want specificity, as the hon. Member for Hampstead and Highgate said, to make employers recognise just how serious the situation is.
Satvir Kaur
I accept that making it clearer will absolutely help; that should be considered as part of the combined discrimination guidance. I reassure Members that that will be considered. It is also important that we stress what else the Government are doing to address these issues. This debate has been healthy in reflecting that this is a wider issue that cannot only be addressed in legislation, although legislation is, of course, important.
We want to encourage employers to implement workplace adjustments, which have been raised by several Members in the debate, to help women remain in work and thrive in their careers. This Government are committed to that—not just because it is the right thing to do, but because equality is a precondition to our economic success, as many have already pointed out.
By creating more supportive and informed workplaces, we can help ensure that women with endometriosis or other health conditions can remain in work, progress in their careers and reach their full potential. That is why there is a great deal of action being taken by this Government to improve the support and protections available to women experiencing symptoms relating to gynaecological conditions.
In April this year, Mariella Frostrup was appointed as the Government’s women’s employment ambassador. In that role, she will campaign on women’s health throughout their life course, working with employers across the country to strengthen workplace support, raise awareness of key health issues and address wider challenges affecting women in work, highlighting the vital economic contribution that women make.
The ambassador attended the launch of the “Endometriosis (Not) in the Workplace” report. In her remarks, she emphasised that supporting women’s health in the workplace is not only the right thing to do, but vital in retaining talent, reducing inequalities and strengthening the economy. This work will also include engaging with Sir Charlie Mayfield’s independent “Keep Britain Working” review, which highlighted the scale of economic inactivity due to ill health and disability, as well as the important role employers can play in helping people to stay in work.
During the vanguard phase, we have worked with employers, providers, unions and people with health conditions to develop and refine approaches that will help people thrive in work, including promoting early conversations about health needs and supporting reasonable workplace adjustments for women’s health conditions.
As we develop workplace health systems, we are considering how health and work interact across different stages of life, including the impact of endometriosis and other long-term fluctuating menstrual health conditions on people’s ability to remain and thrive in work.
We welcome the involvement of Endometriosis UK in the vanguard phase, which provides valuable insight into the experiences of people living with these conditions and helps inform our approach. As well as taking steps to create more supportive and informed workplaces, the renewed women’s health strategy, published in April, represents a decisive shift towards addressing long-standing failings in women’s health outcomes, experiences, and access to care. Some of the stories shared in this debate are heartbreaking, and all of them have led to this important shift. The women’s health strategy identifies endometriosis as a priority condition and states our commitment to improve the treatment and ongoing care for every woman affected.
Through the plan Make Work Pay, we are strengthening support for people and managing health conditions alongside their work by requiring employers to accept flexible working requests where it is reasonable for them to do so. We want to ensure that all employers are supporting their employees’ health and wellbeing, because that will benefit the employees and their organisation. That is why the Government are getting large employers to publish action plans, which my hon. Friend the Member for Hampstead and Highgate mentioned, setting out how they will make meaningful changes to tackle the barriers women face throughout their working lives, including the steps being taken to improve support for menopause and endometriosis and to address the gender pay gap.
Importantly, the EHRC was mentioned. As Members will know, that is independent of the Government and will make its own operational decisions. I thank all hon. Members for their contributions, and I am sorry if I did not get to everyone’s points.
Question put and agreed to.
Resolved,
That this House has considered the potential merits of adding gynaecological conditions to Equality Act 2010 guidance.