The Women and Equalities Committee report on 'Menopause and the Workplace' is out: committees.parliament.uk/publications/2…
It's a well-written & researched report with useful information & brings an important issue to the fore, but does it come up with the right proposals?
#ukemplaw
The committee raises concerns that menopause-related discrimination has to be shoehorned into sex, age or disability discrimination protection, & there are difficulties with each. /2
For age & sex discrim, the committee identifies the comparator issue. Unlike pregnancy discrim, where the test is 'unfavourable' rather than 'less favourable' treatment, for menopause-related sex/age discrim you need a comparable (real or hypothetical) man/younger person. /3
For indirect sex discrimination in respect of attendance policy requirements & trigger points, the committee is concerned about employers showing those policies are objectively justified. /4
Concerns re reliance on disability include it being unpalatable to refer to a natural life stage as a disability, potential difficulties for those with intermittent symptoms, the embarrassment of disclosure of records & online publication of judgments & the cost of proof. /5
The committee was also concerned that menopause is intersectional in nature (age & sex) but that the Equality Act doesn't protect against dual discrimination (though a claimant can bring under each individual protected characteristic. /6
The committee was in favour of 2 legislative amendments to the Equality Act: (i) bringing s.14 on dual discrim into force; (ii) creation of a new protected characteristic of menopause, including a duty to provide reasonable adjustments for menopausal employees. /7
On the 1st point, I always go back to @seanjonesqc's blog piece: seanjones11kbw.wordpress.com/2010/09/10/equ…. There's also this similarly argued academic article from @JamesAHand: academia.edu/1136254/_Combi…
On the 2nd point see this from @42BR_Employment @gillcrew 42br.com/latest-news/pa…
#ukemplaw /8
The Government does not appear to favour either suggestion, so it is unlikely there will be any change soon (and unfortunately neither leadership candidate speaks highly of the Equality Act).
What are people's thoughts? Are the proposals worthy or unnecessary?
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