JOURNAL ARTICLE
Menopause at Work: An Analysis of the Current Law and Proposals for Reform.
Published In: Industrial Law Journal, 2023, v. 52, n. 1. P. 214 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Myhill, Katie; Sang, Kate 3 of 3
Abstract
This article examines the intersection of menopause and employment law in the UK, focusing on existing legal protections and relevant employment tribunal case law. It highlights that while the Equality Act 2010 offers potential grounds for claims related to menopausal discrimination—under sex, age, or disability discrimination—ambiguities in applying these protections and inconsistent tribunal outcomes limit their effectiveness. Case law reveals challenges in proving menopause as a disability due to fluctuating symptoms and evidentiary requirements, with many claims unsuccessful, though some rulings emphasize the need for employers to properly investigate and accommodate menopausal symptoms. The article discusses proposals for legal reform, including activating provisions for dual discrimination and possibly recognizing menopause as a distinct protected characteristic, but notes concerns about potential stigma and practical difficulties. It concludes that employers must treat menopause as a workplace issue requiring reasonable adjustments and inclusive policies to prevent discrimination and support affected employees.
Additional Information
- Source:Industrial Law Journal. 2023/03, Vol. 52, Issue 1, p214
- Document Type:Article
- Subject Area:Law
- Publication Date:2023
- ISSN:0305-9332
- DOI:10.1093/indlaw/dwad003
- Accession Number:162697311
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