- Covers case law on employment claims concerning menstruation or menopause.
- Considers potential for bringing such claims.
Despite women comprising 48% of the workforce, the Equality Act 2010 (EqA 2010) fails, surprisingly, to provide protection from discrimination or harassment for the specific characteristics of menstruation or menopause, which together span the entirety of the average woman’s working life. This has meant that the issue is ignored by employers in workplace policies and, in turn, female employees often remain silent while suffering from sometimes debilitating symptoms. Most women simply do not know how they could be protected.
The Chartered Institute of Personnel and Development (CIPD) in 2019 found that 73% of women aged 40 to 60 have experienced menopausal symptoms, with more than half able to think of a time when they couldn’t work due to their symptoms. Further, 67% of women identified with negative experiences in the workplace and 27% said there was an adverse impact on their career progression.
