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Menopause: Government confirms it will not be making legislative changes to protect menopausal women

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By Ceri Fuller

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Published 14 October 2022

Overview

At the end of July, the House of Commons Women and Equalities Committee (WEC) published a report; Menopause and the Workplace. Among other matters, it recommended that the government should use powers in existing legislation to allow dual discrimination claims on the basis of two protected characteristics and make menopause a protected characteristic in its own right.

THE FACTS

At the end of July, the House of Commons Women and Equalities Committee (WEC) published a report; Menopause and the Workplace. Among other matters, it recommended that the government should use powers in existing legislation to allow dual discrimination claims on the basis of two protected characteristics and make menopause a protected characteristic in its own right.

The government has now confirmed it will not be making legislative changes because sex, age and disability are already protected characteristics which can provide protection against unfair treatment of employees going through the menopause.

WHAT DOES THIS MEAN FOR EMPLOYERS?

Notwithstanding that no additional legal protection will be given to women in relation to menopause employers, will still wish to think about how they can help employees who are going through the menopause in order to retain individuals in its organisation.  Claims of unfair treatment may  still be brought as discrimination claims on the basis of disability  (depending, from case to case, whether their symptoms amount to a disability) age or sex.

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