IPause committee member Susan Bradley (Marks & Clerk) writes:
On 10 October 2024, the Labour Government introduced its new Employment Rights Bill, part of its “Plan to Make Work Pay”. The statement introducing the Bill made a direct reference to supporting employees going through the menopause, as follows:
“Despite existing protections, we know it isn’t always a level playing field, and too many women are being held back at work. By expanding Gender Pay Gap reporting requirements, requiring large employers to produce action plans on how to address their gender pay gaps and support employees through the menopause, and strengthening rights for pregnant workers and new mothers, this Bill will put gender equality front and centre of our employment legislation. These measures will support women’s employment participation and tackle the gender pay gap.”
Action plans to support employees
What will the requirement to “produce action plans on how to … support employees through the menopause” mean in practice? According to one of the factsheets published alongside the Bill, employers with over 250 employees – who are already required to publish annual Gender Pay Gap data – will need to “detail the evidence-based actions they are taking to improve gender equality, and support employees during the menopause”. Said another way, employers will be required to publish action plans outlining how they will support employees experiencing menopause.
Details on what these “evidence-based” action plans should include will be provided in due course. However, we do know from the Government’s roadmap for implementing the Bill that Menopause Action Plans will be voluntary from April 2026 and mandatory from 2027.
It seems likely that an Action Plan will include actions such as training and raising awareness of menopause symptoms, particularly for managers, and systems through which concerns and issues around menopause can be raised and addressed. Employers may also consider whether existing health benefit or well-being programs can be used to support employees going through menopause, and what additional support might be required.
Action Plans could also include practical steps which employers can take, including adjustments to dress policy, flexible and/or remote working, providing the ability to alter workplace temperature, access to changing facilities, and so on.
New Menopause Employment Ambassador
Alongside its new legislation, the Government has appointed a Menopause Employment Ambassador, none other than broadcaster Mariella Frostrup. Her remit is to work with employers to help “women going through the menopause stay in work and progress in their careers”.
This is in line with Labour’s stated aim to grow the economy, in this case by getting more people to stay in employment. According to statistics published with the announcement of the Bill, 8 out of 10 menopausal women who are in work say that their workplace has no basic support in place for them. Further, 1 in 10 women who worked during the menopause actually left their job due to their symptoms. Estimates suggest that just a 5% increase in female employment could boost UK GDP by up to £125bn every year, and the Government is clearly hoping that improved support for menopausal and peri-menopausal employees will help fuel this increase.
When will this come into effect?
The new Employment Rights Bill is likely to become law later in 2025, and is the first piece of legislation to explicitly mention menopause in the context of UK employment law. While not all Intellectual Property firms are large enough to be required to create a Menopause Action Plan, some will certainly need to do so. And even where an Action Plan is not mandatory, employers wishing to demonstrate a commitment to gender equality are likely to consider introducing one.
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