{"title":"Menopause at Work: An Analysis of the Current Law and Proposals for Reform","authors":"Katie Myhill, Kate Sang","doi":"10.1093/indlaw/dwad003","DOIUrl":null,"url":null,"abstract":"Abstract This article seeks to review the intersection between menopause and employment law, summarising existing protections and analysing key case law. The study finds that existing protections are limited in their efficacy in protecting individuals experiencing menopausal symptoms from detriment and discrimination in the workplace. Indeed, whilst individuals may be able to raise claims for menopausal discrimination under the Equality Act 2010, the lack of clarity as to which of the protected characteristics such a claim should be raised against and the apparent lack of consistency in the case law further serves to undermine the protections which currently exist. Whilst a number of proposals have been put forward as to how the law may be adapted or created to improve protections for those subject to menopausal discrimination, careful consideration will be needed to ensure any such reforms do not inadvertently result in an increased stigmatisation of menopausal women and the undermining of efforts to improve gender equality at work. However, what is clear from an analysis of the law is that menopause is not simply a ‘women’s health issue’, it is also a workplace issue which employers can no longer afford to ignore.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"453 1","pages":"0"},"PeriodicalIF":1.0000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Industrial Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/indlaw/dwad003","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article seeks to review the intersection between menopause and employment law, summarising existing protections and analysing key case law. The study finds that existing protections are limited in their efficacy in protecting individuals experiencing menopausal symptoms from detriment and discrimination in the workplace. Indeed, whilst individuals may be able to raise claims for menopausal discrimination under the Equality Act 2010, the lack of clarity as to which of the protected characteristics such a claim should be raised against and the apparent lack of consistency in the case law further serves to undermine the protections which currently exist. Whilst a number of proposals have been put forward as to how the law may be adapted or created to improve protections for those subject to menopausal discrimination, careful consideration will be needed to ensure any such reforms do not inadvertently result in an increased stigmatisation of menopausal women and the undermining of efforts to improve gender equality at work. However, what is clear from an analysis of the law is that menopause is not simply a ‘women’s health issue’, it is also a workplace issue which employers can no longer afford to ignore.
期刊介绍:
Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform. In addition Industrial Law Journal carries commentary on relevant government publications and reviews of books relating to labour law.