The menopause and perimenopause are not specifically protected under the Equality Act 2010. However, if a worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be unlawful discrimination, harassment or victimisation if related to the protected characteristic of age, disability, gender reassignment and/or sex.
Talk to one of our friendly and experienced team on 01582 514000
Women aged 50 and over are the fastest growing group in the workforce; the average age for menopause transition is 51.
It’s not just this group; workers experiencing induced or premature menopause; intersex, non-binary or transgender workers; and workers with menopausal partners may all be affected.
More than two fifths (44 per cent) of people experiencing or who have experienced menopausal symptoms believe going through menopause will negatively impact their career and so “remain silent” about it as a result, a survey has found. (Study, by Mayo Wynne Baxter and conducted by Censuswide)
Symptoms experienced can include brain fog, fatigue, anxiety or depression, hot flushes and debilitating pain which can all impact on performance and relationships at work and in some cases cause intermittent/ lengthy absence from work. Disciplinaries and/or dismissals or resignation can result.
There is no stand-alone protection in law, however workers do have protections under Health & Safety and unfair dismissal laws (subject to any qualifying length of service).
The menopause and perimenopause are not specifically protected under the Equality Act 2010. However, if a worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be unlawful discrimination, harassment or victimisation if related to the protected characteristic of age, disability, gender reassignment and/or sex.
Sex discrimination where a woman is treated less favourably, harassed or suffers a disadvantage related to menopause.
Age discrimination where those of menopausal or post-menopausal age are treated less favourably compared to other age groups and this cannot be justified.
Disability discrimination where menopause symptoms constitute a protected disability; physical or mental impairment which have a significant and long term impact on day-to-day activities and ability to perform at work.
It is unlawful to directly or indirectly discriminate against workers because of their disability.
The employer, also has a duty to make reasonable adjustments to help minimise disadvantages suffered by a worker who has a disability.
Protection under the Equality Act is a day 1 right.
There is also increasingly more guidance out there for employers from Government and Industry on best practice initiatives to secure the recruitment, support and retention of menopausal workers.
https://www.acas.org.uk/menopause-at-work
Our Employment Law team regularly advise on these issues and can help you understand your legal rights and assist you if you feel you have been treated unfairly at work.
The menopause and perimenopause are not specifically protected under the Equality Act 2010. However, if a worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be unlawful discrimination, harassment or victimisation if related to the protected characteristic of age, disability, gender reassignment and/or sex.
Our experienced solicitors are on hand to give you advice and assistance.
Call our team on 01582 514000 or Contact Us and we'll get back to you as soon as we can.
