FIFA Women’s World Cup sharpens focus on supporting female participation

New ‘menstruation base layers’, unveiled by Nike earlier this year, are specifically designed to protect players who have their period during the competition. They will be provided to each of the 13 teams that the company is kitting out at the Women’s World Cup. At the same time, the English and Australian women’s football squads have changed their kits in advance of the tournament to be mindful of menstruation. Both teams will play in dark shorts to help combat period anxiety.

These changes come amid similar changes in other sports. Earlier this year, the Grand Women’s Summit at Aintree, supported by Pinsent Masons, drew together stakeholders from across sport to discuss the impact of menstrual health on participation in sport and performance. It reflects the momentum for change that is building through greater understanding and appreciation. In 2022, for example, the All England Lawn Tennis and Croquet Club changed its traditional all-white dress code for women competing at Wimbledon so that they can wear darker coloured undershorts if preferred. Reforms like these, intended to allow women to perform at the top of their game, are likely to lead to further change.

A survey of 4,000 teenage girls conducted by Women in Sport earlier this year revealed that 70% avoided playing sport when menstruating. With menstruation becoming a topic openly discussed and addressed, participants have welcomed the barriers it presents being broken down. Scottish middle- and long-distance runner Eilish McColgan articulated how it felt odd to her to be afraid of talking about periods when almost half the population menstruates every month. In an article for the BBC last year, the Commonwealth Games gold medallist explained how she and other top athletes plan their training around their menstrual cycles to ensure optimal performance. She added that this tailored approach also reduces athletes’ risk of injury, since different phases of the cycle impact muscle flexibility and tightness.

The focus on the impact of menstrual health on female participation in sport is being reflected in changes within workplaces too. In Spain, for example, a new legislative regime providing for menstruation leave came into force on 1 June. Beatriz Moriones of Pinsent Masons in Madrid explains that “the key provision of the regime is government-paid sick leave for women who experience painful and incapacitating menstruation. Female employees in Spain will be granted a paid menstrual leave allowance of three days per month, which can be extended by two more days in exceptional cases if the need is justified”.

Other countries, including the UK, are now under pressure from period charities to follow suit. Under current UK law, those experiencing period-related symptoms such as abdominal cramping, backache, headache, nausea and fainting currently must use sick leave to take time off work – which may or may not be paid, depending on employment terms and conditions.

From a medical perspective, it is recognised that the pain experienced by a woman during her period can be debilitating to a point that they are unfit for work. Even when an employee is able to attend work despite the pain, their performance can still be affected. Charities are calling for changes in perception and knowledge around menstrual health, and a wider understanding of the challenges and issues women experience as a result of them.

We are seeing the growth in specific menopause policies to support women in the workplace through increased instructions to provide guidance in preparing these. Many proactive employers are now also looking to implement menstruation policies that not only take into account how time away from work is dealt with but also facilitate effective participation at work. These policies can include provisions on reasonable adjustments, occupational health referrals, counselling services, sickness and paid leave, as well as directing employees to specific charity advice and to other members of staff if they feel uncomfortable speaking about period issues with their line manager.

Under existing legislation, someone suffering from health issues related to their period could be considered disabled for the purposes of relevant disability legislation. Taken as a whole, with the changes underway in the discussion of these issues, there is an increased risk of potential claims in circumstances where an employer fails to support an employee who is experiencing period pain or is otherwise affected by the menstrual cycle. We are recommending this an area of review by employers to ensure appropriate policies are put in place both in terms of best practise as well as from a legal perspective. 

Ultimately, this World Cup could be a watershed moment in the effort to change the narrative around menstruation, ensuring women are supported fully – whether they are a top athlete or not. Efforts to increase understanding of the challenges women face in relation to menstruation are welcome and, in our view, part of a sea change that will see further changes being implemented.

Co-written by Rubymarie Rice of Pinsent Masons.