The Women and Equalities Committee produced a report titled “Menopause and the workplace”, which contained recommendations to the Government for how those going through the menopause could be better supported.

The Government has now responded to these recommendations, and we have outlined below what the Governments response means for employers.

Flexible working and the menopause

Recommendation

The Government should make flexible working a day-one right for all employees (currently, employees need 26 weeks service to make this request). The Government should also issue guidance for employers encouraging them to grant reasonable flexible working requests whilst also taking the burden off the employee to justify their request.

Government response

The Government accepts this recommendation. The Employment Relations (Flexible Working) Bill is currently going through Parliament, which if approved, will make the following changes:

• a requirement will be placed on the employer to have a conversation before a flexible working request is rejected
• two flexible working requests can be made in a 12-month period (currently, the statutory position is one request)
• reduce the time for an employer to make a decision on whether to accept the request to two months (currently three months)
• remove the requirement for the employee to set out how they believe their request can be accommodated.

Employers will need to amend their flexible working policies if this Bill is approved, and there will be operational changes on how employers deal with flexible working requests – employers should look out for updates on flexible working requests and changes to the statutory rights. (This is not specific to just employees who are menopausal).

Menopause guidance for employers

Recommendation

The HSE and EHRC should publish guidance on the legal considerations when supporting employees during the menopause.

Government response

The Government accepts this recommendation in part. The HSE has published guidance that provides “principles” employers are expected to apply to support disabled people and those with long-term health conditions: HSE Guidance – Talking toolkit

This guidance does not reference menopause specifically and is meant to provide guidance for best practice for employers when dealing with long-term health conditions. It is advisable to seek legal advice when dealing with issues arising from disabilities or health conditions to ensure that these are managed effectively.

Menopause Discrimination

Recommendation

The Government should amend the Equality Act 2010 to include a new protected characteristic of menopause, including a duty to provide reasonable adjustments.

Government response

The Government does not accept this recommendation. The Government believes (along with Unison and CIPD) that protection is given to employees going through the menopause under the Equality Act by the protected characteristics of age, sex and disability.

Whilst ‘menopause’ is not a protected characteristic in itself, employers still need to be aware of the potential discrimination concerns when dealing with staff who are going through the menopause.

Menopause leave

Recommendation

The Government should pilot a menopause leave policy and roll this out within 12 months of starting the scheme.

Government response

The Government does not accept this recommendation, as their aim is to support menopausal women to remain in the workplace and support employers in doing so, and is instead encouraging employers to implement menopause policies and offer support such as flexible working. The Government has stated that menopause leave may not assist in achieving these goals.

Model menopause policies

Recommendation

The Government should produce model menopause policies to assist employers which would cover how to request reasonable adjustments, advice on flexible working, sick leave for menopause symptoms and provisions for education, training and building a supportive culture.

Government response

The Government does not accept this recommendation as it does not think this is necessary and notes that many organisations have already adopted a separate menopause policy to address potential issues within their business. ACAS have also produced menopause at work guidance for employers, which the Government have referenced: Acas: Menopause at work.

Employers may wish to consider adopting a menopause policy that outlines how issues relating to menopause will be dealt with and to show support to employees.

Menopause ambassador

Recommendation

The Government should appoint a Menopause Ambassador to encourage awareness, good practice and guidance for employers. The Ambassador would work with stakeholders, including SME’s, unions and advisory groups and produce a six-monthly report on the progress.

Government response

The Government accepts this recommendation in principle. The Government has committed to the appointment of a Menopause Employment Champion who will give a voice to menopausal women and work with employers to ensure that they are “engaged and supported”. They will provide a six-monthly report on the progress made and provide examples of good practice.

Time will tell what impact the Menopause Employment Champion will have on employers, and it will likely depend on the outcome of the six monthly reports.

What does this mean for employers?

The Government is increasing their focus on how menopause can be supported in the workplace, and employers may wish to consider adopting a policy to address issues that arise and show support to employees who are menopausal.

Employers should be aware of the potential discrimination issues that could arise when dealing with employees who are going through the menopause, and consider taking legal advice to effectively manage these difficult situations.

Ashtons Legal can assist in implementing menopause policies for employers and advise on the complex discrimination issues that could arise when dealing with employees who are going through the menopause.

Contact our employment law solicitors today

If you have any questions regarding your business and menopause in the workplace, please do not hesitate to contact a member of the employment law team at Ashtons Legal.

Please get in touch with our specialist Employment Law team through this website or by calling 0330 191 4836.

Our partners at Ashtons HR Consulting are also on hand to assist you.