New research has identified a significant increase in claims coming before the Employment Tribunal for unfair dismissal and direct sex discrimination relating to the menopause.
According to the latest data from HM Courts and Tribunals Service, menopause was referenced in five employment tribunal cases in 2018, six in 2019 and 16 in 2020. There have been 10 cases already recorded in the first six months of 2021 alone, indicating that menopause-related claims are set to continue rising.
Women over the age of 50 are the fastest-growing demographic in the workplace today. The number of women in the workforce aged 50 to 64 continues to grow rapidly due to an increase in retirement ages, with 4.5 million menopausal women now in employment. These women are at the peak of their careers with a wealth of experience and skills to offer.
Despite menopause being a natural part of the ageing process, which eventually affects over half the population, there is a general lack of awareness of its symptoms and effects, often resulting in women experiencing a lack of support, and even discrimination and harassment in the workplace. One in four women who experience menopausal symptoms consider leaving their job, resulting in the loss to UK employers of vital knowledge, experience, and talent.
Within the current framework in the Equality Act 2010, there is no distinct protection for women going through the menopause. However, conduct that puts an employee at a disadvantage or means they are treated less favourably because of menopause symptoms, may amount to discrimination based on age, sex, disability, or gender reassignment.
The dramatic rise in the number of employment tribunal claims citing menopause shows that the taboo around this issue is continuing to lift. Women are increasingly feeling empowered to challenge employers who do not understand the significant impact menopause symptoms can have on employees and how this affects the workplace.
In order to avoid employment tribunal claims, employers are encouraged to increase awareness and education around the symptoms and effect of the menopause, take a zero-tolerance approach to adverse comments and negative attitudes, accommodate reasonable adjustments to temperatures, uniforms and flexible working, and encourage a diverse, inclusive and supportive workplace culture.
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