Experts: Give menopausal workers the same rights as pregnant colleagues

Menopausal women must be given the same rights and workplace protection as pregnant colleagues to encourage more to challenge discrimination, according to legal experts.

Ten cases of alleged discrimination against women affected by the menopause have been heard by industrial tribunals in Scotland in the past five years – with three this year alone. Five won their case.

But lawyers and campaigners say far more women would come forward if employment law was changed to specifically address the issue. Under the Equality Act 2010, it is unlawful discrimination for an employer to treat a woman unfavourably because of pregnancy or illness relating to pregnancy. Now there are calls for similar protection for menopausal women.

Dee Murray, founder of campaign and advice group Menopause Experts, said: “It’s time for a change in the law to give menopausal women the same protection they get while they are pregnant. Both have various issues linked to the hormone changes women go through at different stages of their lives – today we are far better at understanding the effect of those.

“We’re beginning to see a sharp increase in the number of women going to industrial tribunals because they have been unfairly treated during the menopause and, unless employers provide more support and flexibility, there will be more.”

Employment law specialist Ryan Russell, of Dundee-based MML Legal, said change was long overdue: “At the present, the law doesn’t go far enough to give menopausal women the same standalone protective characteristics it does to pregnant women. That means we are having to try to shoehorn cases into aspects of the current law, which leaves many women falling through the cracks.

“I suspect there are thousands of cases a year that simply aren’t pursued because that standalone recognition just isn’t there.”

Women’s rights expert Jillian Merchant, of Thompsons Solicitors, said: “Employers require to be more educated and understanding. However, from experience, we know that asking employers to behave better rarely works without statutory protection to fall back on.

“In that regard, consideration must be given to implementing a regime that allows women discriminated against due to menopause and its symptoms a clear route to redress”.

Scottish Labour health spokesperson Jackie Baillie said menopausal women were being failed at every turn. “Public-sector bodies in Scotland should lead the way by developing robust policies on menopause,” she said, “and there is an opportunity for the Scottish Government to go further, building on the Women’s Health Plan, by requiring them to provide additional protection in the workplace.

“The law as it stands is simply not fit for purpose and it is failing to give women the protection they need.

“Both the UK and the Scottish Government need to use the levers at their disposal to fix this.”

About 400,000 women in Scotland are of menopausal age. Symptoms are varied but can include hot flushes, an inability to sleep, reduced concentration and depression, all of which can affect performance at work. In June, Scottish Trade Union Congress general secretary Roz Foyer told The Sunday Post how a sea-change was needed in workplace attitudes.

The issue will be raised at the next STUC conference in February, where union leaders will be asked to back workplace policies to support women through menopause.

Foyer said: “Employers must commit to flexible working and reasonable adjustments to help women experiencing irregular sleep patterns, fatigue or other menopause symptoms. Workplaces should also provide advice, awareness-raising and support for menopausal women and colleagues via training. Additionally, workplaces should be providing quiet areas and access to fans.

“For years, workers have been told flexible working just isn’t an option. We now know this is not the case, as many employers switched to home working during the Covid pandemic. Working from home can really benefit workers suffering from the symptoms of menopause.”

In 2017, in the first case of its kind in Scotland, Mandy Davies was awarded £20,000 after she told a hearing of her treatment by bosses at the Scottish Courts and Tribunal Service.

Her lawyer, Karen Osborne, employment and discrimination adviser for the union Unison, said: “For the very first time, we were able to testify that the debilitating symptoms of menopause should be considered a disability because of issues like memory loss and the severe physical symptoms she was suffering.

“The case opened the door for a greater recognition and understanding of menopause. Most women are simply seeking understanding, support and flexibility.

“For those who do suffer more severe symptoms, they should feel protected which is why we need to consider a change in the current law.”

Nicola Steedman, deputy chief medical officer, said the Scottish Government was determined to improve health provision for women, and a number of initiatives were being rolled out, including increasing awareness of menopause and symptoms.

She said: “It’s important for all of us to be able to speak openly about menopause at work, providing support for women and helping employers recognise what they may need.

“Women who contributed to the Women’s Health Plan said what they wanted most from employers was flexibility to manage their symptoms – such as being able to work from home or change their hours.

“The plan absolutely recognises the importance of this and so we have also committed to developing a menopause and menstrual health policy.”