International Day of Action for Women’s Health – 28th May
The International Day of Action for Women’s Health is an opportunity for employers to reflect on how workplace practices support, or fail to support, women’s health.
From pregnancy and maternity to menopause and wider health conditions, the legal framework places clear obligations on employers. Yet many organisations still underestimate how quickly missteps in this area can escalate into formal disputes or tribunal claims.
Increasingly, this is no longer just a wellbeing issue but a matter of legal compliance and risk management.
The legal position
In Scotland, women’s health issues intersect with a number of established legal protections, including:
- Pregnancy and maternity rights
- Sex discrimination under the Equality Act 2010
- Disability discrimination (where a condition meets the statutory definition)
- General health and safety duties on employers
The key point is that employers must avoid treating employees unfavourably because of conditions linked to their sex, even where those conditions may not always be well understood in the workplace.
Pregnancy and maternity: a high-risk area
Pregnancy and maternity remain among the most common grounds for workplace disputes.
Employers must not:
- Treat an employee unfavourably because of pregnancy or pregnancy-related illness
- Penalise absence linked to pregnancy
- Subject an employee to disadvantage during maternity leave or on return
Employers are also required to carry out appropriate risk assessments, and where risks are identified, to take steps to remove or reduce them.
In practice, issues often arise where employers:
- Apply absence or performance policies inflexibly
- Fail to adjust duties following a risk assessment
- Make assumptions about an employee’s role, capability or commitment
These situations can quickly lead to claims.
Menopause: an emerging area of risk
One of the most notable developments in recent years is the increase in menopause-related workplace disputes.
While menopause is not itself a protected characteristic, it may give rise to claims involving:
- Sex discrimination
- Age discrimination
- Disability discrimination where symptoms are substantial and long-term
Difficulties typically arise where employers:
- Dismiss or trivialise symptoms
- Fail to consider reasonable adjustments
- Rely rigidly on performance or attendance procedures
Common symptoms – such as fatigue, anxiety or concentration issues – can have a direct impact on work, and a failure to recognise this may expose employers to challenge.
Wider women’s health issues: often overlooked
Beyond pregnancy and menopause, employers are increasingly encountering issues relating to:
- Endometriosis
- Polycystic ovary syndrome (PCOS)
- Fertility treatment
- Miscarriage and associated leave
In some cases, these conditions may:
- Meet the definition of a disability
- Require reasonable adjustments
- Engage duties around dignity, fairness and equality
Where awareness is lacking, particularly at line manager level, the risk of inappropriate handling and resulting disputes is significantly increased.
Where employers go wrong
Across these areas, legal risk tends to arise from a number of recurring issues:
1. Inflexible processes
Applying standard policies without considering individual health circumstances.
2. Lack of training
Managers are often ill-equipped to deal with sensitive health issues.
3. Failure to make adjustments
Even relatively straightforward changes can be overlooked.
4. Workplace culture
Dismissive attitudes or inappropriate conduct can give rise to claims of harassment or discrimination.
Supporting employees and managing risk
To improve support and reduce exposure to claims, employers should consider:
- Reviewing existing policies to ensure they reflect women’s health considerations
- Providing training to managers on legal obligations and sensitive handling of health issues
- Introducing specific policies (for example, menopause or wellbeing policies)
- Ensuring appropriate risk assessments, particularly in relation to pregnancy
- Promoting a culture where employees feel able to raise concerns
Importantly, policies must be applied consistently in practice, not simply exist on paper.
Why this matters now
There is a clear shift in this area:
- Greater awareness of women’s health issues in the workplace
- Increased willingness among employees to challenge poor treatment
- Growing scrutiny of employer practices in disputes
For many organisations, particularly SMEs, even a single claim can have a significant financial and operational impact. By contrast, employers who take a proactive approach often benefit from improved retention, reduced absence, and stronger morale and productivity.
Key takeaway
Women’s health is now a core workplace issue – both in terms of supporting employees effectively and meeting legal obligations.
Employers who fail to engage with it effectively risk not only reputational damage, but costly and time-consuming disputes. Those who take proactive steps will be better placed to manage risk and support their workforce.
How we can help
We advise employers and employees on:
- Managing workplace risk and compliance
- Handling discrimination and employment disputes
- Drafting and reviewing workplace policies
- Resolving issues before they escalate
If you would like to discuss any employment-related matter, or require advice on supporting women’s health in the workplace, please contact us.
