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Ministers have rejected proposals to amend the to include menopause as a ‘protected characteristic.’ A 2019 survey conducted by the Charted Institute for Personnel and Development (CIPD) that three in five menopausal women were negatively affected at work. The Equality Act 2010 ‘legally protects people from discrimination in the workplace and in wider society.’ As it stands ‘protected characteristics’ are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. In July 2022, the House of Commons Women and Equalities Committee published the ‘Menopause and the workplace’ report. 

The report recommended that menopause be in the list of ‘protected characteristics’ in the Act. This would mean workplaces and employers could not discriminate on the basis of it and they would have a statutory duty to make reasonable adjustments for it. Proposed changes arising from a ‘protected characteristic’ determination included the appointment of a Menopause Ambassador to work with stakeholders from businesses, a menopause leave policy, flexible working arrangements, sick leave for menopause symptoms, and provisions for building a supportive workplace culture.  In addition to an amendment to the ‘protected characteristics’ list, the main recommendation was to allow for of the Equality Act 2010 to ‘allow dual discrimination claims based on more than one protected characteristic.’ 

The House of Commons Women and Equalities Committee stated that: 

On Tuesday 24 January, the government published its official to the report from the Women and Equalities Committee. The government rejected every recommendation posed by the committee. It cited fear of discrimination towards men with underlying health conditions as the primary reason. The government warned of ‘unintended consequences which may inadvertently create new forms of discrimination, for example, discrimination risks towards men suffering from long-term medical conditions.’ The government also dismissed the ‘menopause leave’ trial suggestion, stating it would be both unnecessary and counterproductive to have specific menopausal leave allowances. Instead, more focus would be placed on ensuring employers are ‘well-equipped to support their workforce during the menopause.’ 

The Chair of the Women and Equalities Committee, Rt Hon Caroline Nokes MP said in response to the rejection of the recommendations: