UK menopause law change rejected by government

Proposed changes to menopause laws to further protect the rights of women have, in part, been rejected by the government amidst concerns that it would discriminate against men.

The cross-party women and equalities committee published a report last July that called for more focus on menopause and the workplace, which included a recommendation to make menopause a ‘protected characteristic’ under the Equality Act.

The 2022 report also highlighted that ‘The CIPD and Institute for Occupational Safety and Health (IOSH) agreed there were barriers within the current law, for example employers not being aware of
the menopause as a workplace issue, or clear enough on their obligations and how to
implement an effective framework’

Under the current law, there is simply not enough to sufficiently protect women experiencing menopause in the workplace

What were the proposed changes?

The Women and Equalities Committee called for changes in discrimination laws, warning that the UK was ‘haemorrhaging talent’ and not delivering enough support or promoting awareness of the struggles of menopause.

The response from the government landed at the same time as a global tracker that ranked women’s healthcare in the UK below that being offered in Saudi Arabia and China. The UK also lagged behind similar countries such as the USA, Australia, New Zealand, France and Germany.

Caroline Nokes, chairwoman of the Women and Equalities Committee, said ministers are being complacent with women’s health.

The cross-party women and equalities committee called for menopause to be made a protected characteristic, much like race or religion. Ultimately this would protect women across all sectors, including early years by making it illegal to discriminate against someone due to a symptom they experience as part of the transition from going through their monthly menstrual cycle to their last period. Overall, this process can take on average around 4 years but could continue as long as 10 years.

The government response

In its official response to the proposed legislation, the government stated:

“The government supports the aim underpinning this recommendation of ensuring that women are not discriminated against because of the menopause. However, the introduction of a new protected characteristic is not the only approach, or necessarily the best approach, to addressing risks of discrimination.

“Given the importance of this legislation it is important to ensure that the policy is considered in the round to avoid unintended consequences which may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering from long-term medical conditions, or eroding existing protections.”

Supporting early years

Around one in 100 women experience the menopause before 40 years of age. Experiencing this is called premature menopause or premature ovarian insufficiency. Furthermore some trans men and non-binary people may also experience menopausal symptoms

Despite the early years sector being heavily dominated by women, there is very little awareness or information provided across the board.

Symptoms of menopause include but are not limited to:

  • Changes to mood, like low mood, anxiety, mood swings and low self-esteem
  • Problems with memory or concentration
  • Hot flushes
  • Difficulty sleeping
  • Palpitations
  • Headaches and migraines that are worse than usual
  • Muscle aches and joint pains.

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