Recent legal developments relating to menopause in the workplace

Purpose The number of workers suffering from menopausal and perimenopausal symptoms has increased in recent years. They are vulnerable to dismissal and discrimination. The number of menopause related employment tribunal claims has also increased significantly in recent years. This research aims to evaluate social, medical and legal attitudes to menopause, considers whether existing pathways to protection under the Employment Rights Act 1996 (ERA1996) and Equality Act 2010 (EA 2010) are sufficient and explores the possible approaches to strengthening protection. Design/methodology/approach The research carries out an analysis of the literature and uses the themes identified from the literature to provide a theoretical framework within which to analyse the relevant legislation and case law to identify the gaps in protection. It considers how to address these gaps. Findings Protection from dismissal is provided by the ERA1996 to employees. Protection from discrimination provided by the EA 2010 to a wider category of workers provided the reason for the treatment is a protected characteristic. The extent of the protection available depends on which protected characteristic underpins the claim. Proposals to strengthen the protected characteristics have been rejected and changes in the law focus on education and reporting and do not improve remedies available to individuals. Research limitations/implications As a result of the conclusions of this review, policymakers should consider whether the legal protection offered is sufficient and large employers should review their policies and practice in light of forthcoming legislative developments. Originality/value This research offers fresh perspectives on the issues raised by menopause in the workplace by examining social, medical and legal attitudes to menopause, providing context for analysis of the law and practical guidance for employers and policymakers, contributing to the ongoing attempts to improve protection in this area.