Question
To ask the Minister for Women and Equalities, what steps the Government is taking to prevent menopause discrimination in the workplace.
It is important that those who experience substantial and longer-term menopausal effects should be adequately protected from discrimination in the workplace, and that employers are fully aware of the challenges and their current legal obligations, including under the Equality Act 2010 (the Act).
The government is strengthening guidance that will give a set of clear and simple ‘principles’ that employers would be expected to apply, to support disabled people and those with long term health conditions in the work environment. The guidance could also apply where workers are experiencing symptoms such as those that occur in the menopause. It will be published by the Health and Safety Executive in Autumn 2022.
Depending on circumstances, the Act provides protection from discrimination on grounds of sex and/or age and/or disability for employees experiencing the effects of the menopause. An employee may bring a discrimination claim under more than one of these grounds, which the courts can then consider sequentially, where appropriate.
Ultimately, it is for a person who feels that they have been discriminated against to make a claim against the employer through an Employment Tribunal. As part of this process they are required to make initial contact with the Advisory, Conciliation and Arbitration Service (Acas), which provides free authoritative and impartial advice to employees/applicants and employers.
The Equality Advisory and Support Service (EASS) also provides free bespoke advice and in-depth support to individuals with discrimination concerns, who feel that they may have suffered unlawful discrimination.