UK Update: Employment Rights Bill: Duties on Employers to Support Those Going Through the Menopause

The Employment Rights Bill (ERB), which was introduced to the UK Parliament this month, contains a specific obligation on employers in relation to menopause in the workplace.

The ERB provides a power for regulations to be made which will require employers with more than 250 employees to develop and publish an “equality action plan”. This will need to demonstrate the steps that the employer is taking regarding  gender equality among their employees. The ERB specifically confirms that matters related to gender equality include both addressing the gender pay gap and supporting employees going through the menopause. This means that, if the regulations are brought into force, as part of the equality action plan employers will be required to confirm the steps that they are taking to support employees going through the menopause. The obligation will apply to private sector employers and certain public authorities.

We do not know how often employers will be required to publish their action plan, but it cannot be more frequently than every 12 months. Regulations will provide more detail regarding the content, form, and manner of the plan, together with confirming whether any senior approval will be required before a plan is published. The regulations may also provide for a means of enforcement if employers do not publish their plans.

This is an exciting development because the government has formally recognised that menopause is a gender equality issue that employers need to tackle to achieve gender parity. It is also a welcome improvement that will assist in closing the gender pay gap generally, as these proposals address one of the main criticisms of the current gender pay gap reporting regime – the lack of requirement for employers to publish a plan for closing their gender pay gap.

Alongside the ERB, the government also published a policy paper called “Next Steps to Make Work Pay” which sets out the steps that the government intends to take following the publication of the ERB. This document also confirms that the government will develop menopause guidance for employers.

In terms of when we can expect to see these changes, the government anticipates consulting on the reforms contained in the ERB in 2025, with most of the reforms taking effect no earlier than 2026. It will be interesting to see the content of the final regulations and the information that employers will be required to publish.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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