Government Rejects Menopause Leave - but offers cheap HRT !
Menopause Law Change
A proposal to change UK legislation in order to protect the rights of women going through menopause has been rejected by the government, partly due to concerns that this would discriminate against men.
In January 2023 it was announced that the UK government rejected committee recommendations to consult on making menopause a protected characteristic and pilot a workplace menopause leave policy in England.
Could menopause symptoms be a "protected characteristic"?
Last July, a report was published by the cross-party and women and equalities committee, seeking for menopause to be made into a “protected characteristic” (in the same way as disability and race, amongst other protected characteristics) under the Equality Act 2010. This meant that it would have been illegal to discriminate against women who were experiencing symptoms resulting from the transition of their monthly menstrual cycle to their last period. This process is something which can last as long as 10 years, but generally takes in the region of 4 years. With over 30 different menopausal symptoms including hot flushes, heart palpitations, migraines, mood changes, loss of memory and tiredness, the symptoms affect nearly every working woman in the UK and many women do suffer in their 20s, 30s, 40s and beyond.
However, in the governments response to the report, the proposal was rejected due to concerns that there could be “unintended consequences which may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering from long-term medical conditions”. The cross-party report had also sought for the running of a pilot trial of “menopause leave”, in order to support women suffering from the symptoms, however this was also rejected by the government as they saw it not to be “necessary” with concerns that it could end up being “counterproductive”.
Outrage at government's menopause decision
In a letter to the health minister, Caroline Nokes, Conservative MP and chair of the Women and Equalities Committee, said: “This belated response to our report is a missed opportunity to protect vast numbers of talented and experienced women from leaving the workforce, and leaves me unconvinced that menopause is a Government priority. For too long women have faced stigma, shame and dismissive attitudes when it comes to menopause. The evidence to our inquiry was crystal clear that urgent action was needed across healthcare and work settings to properly address women’s needs, yet Government progress has been glacial and its response complacent. Its refusal to even consult on reforming equalities law doesn’t make sense and we urge it to look again”.
A government spokesperson, when speaking to the Guardian in relation to the rejection of the legislation said: “We recognise that the menopause can be a challenging time for women, which is why we have put women’s health at the top of the agenda as part of the first-ever women’s health strategy for England. We are implementing an ambitious programme of work with the NHS to improve menopause care so all women can access the support they need. We encourage employers to be compassionate and flexible to the needs of their employees, and are committed to supporting more flexible working patterns – having consulted on making flexible working the default unless employers have good reasons not to”.
This report comes after a poll had suggested that healthcare for women in the UK is on par with Kazakhstan, and ranks lower than China, Australia, the US, Germany, France and New Zealand, as per the 2021 Hologic Global Women’s Health Index. Analysts cited a lack of adequate access to preventative care, such as cancer screening, blood pressure, diabetes, mental health support, and diagnosis of causes of pain behind the UK’s poor outcome. The UK scored 60 out of 100, which was three points lower than the previous year, based on a survey of more than 127,000 people by Gallup.
Lawson-West Employment Solicitor, Satinder Kaur discusses the impact of this ruling:
"Employers suffer high volumes of female workplace absence due to women having to take menopause time off as sickness, rather than it being recognised as menopause leave. Millions of female workers suffer with difficult menopausal symptoms every year and women are, by their sex, discriminated against because their male counterparts are simply not affected in the same way. If menopause was suffered by both sexes it would clearly warrant being a 'protected characteristic'. The fact that symptoms are only suffered by female employees means that allowing Menopause Leave to women-only currently constitutes discrimination against men. The kick-in-the-teeth for women this week is the offer of cheap HRT for 12-months from 1st April, a concession that is likely to have women fuming - it's clearly a government "Get Back to Work and Take a Pill" strategy. Women sufferors who cannot take HRT or don't want to, are no further forward."
Useful Links:
BBC News: Menopause Leave Trial - rejected by ministers
Sky News:
Menopause leave trial rejected by government | UK News | Sky News
1 in 10 women affected by menopause survey found, one in 10 women who worked during the menopause had left a job due to their symptoms, while others had reduced their hours, gone part-time, or not applied for promotion.
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