TY - JOUR
T1 - Menopause at Work: An Analysis of the Current Law and Proposals for Reform
AU - Myhill, Katriona
AU - Sang, Katherine
PY - 2023/3/26
Y1 - 2023/3/26
N2 - This article seeks to review the intersection between menopause and employment law, summarising existing protections and analysing key case law. The study finds that existing protections are limited in their efficacy in protecting individuals experiencing menopausal symptoms from detriment and discrimination in the workplace. Indeed, whilst individuals may be able to raise claims for menopausal discrimination under the Equality Act 2010, the lack of clarity as to which of the protected characteristics such a claim should be raised against and the apparent lack of consistency in the case law further serves to undermine the protections which currently exist. Whilst a number of proposals have been put forward as to how the law may be adapted or created to improve protections for those subject to menopausal discrimination, careful consideration will be needed to ensure any such reforms do not inadvertently result in an increased stigmatisation of menopausal women and the undermining of efforts to improve gender equality at work. However, what is clear from an analysis of the law is that menopause is not simply a ‘women’s health issue’, it is also a workplace issue which employers can no longer afford to ignore.
AB - This article seeks to review the intersection between menopause and employment law, summarising existing protections and analysing key case law. The study finds that existing protections are limited in their efficacy in protecting individuals experiencing menopausal symptoms from detriment and discrimination in the workplace. Indeed, whilst individuals may be able to raise claims for menopausal discrimination under the Equality Act 2010, the lack of clarity as to which of the protected characteristics such a claim should be raised against and the apparent lack of consistency in the case law further serves to undermine the protections which currently exist. Whilst a number of proposals have been put forward as to how the law may be adapted or created to improve protections for those subject to menopausal discrimination, careful consideration will be needed to ensure any such reforms do not inadvertently result in an increased stigmatisation of menopausal women and the undermining of efforts to improve gender equality at work. However, what is clear from an analysis of the law is that menopause is not simply a ‘women’s health issue’, it is also a workplace issue which employers can no longer afford to ignore.
U2 - 10.1093/indlaw/dwad003
DO - 10.1093/indlaw/dwad003
M3 - Article
SN - 0305-9332
VL - 52
SP - 214
EP - 229
JO - Industrial Law Journal
JF - Industrial Law Journal
IS - 1
ER -