Fertility issues and the workplace

The number of women undergoing fertility treatment in the UK is rising every year. In 2021, nearly 80,000 rounds of IVF were completed.

IVF is a workplace issue

The vast majority of those undergoing fertility treatment (or who have a partner undergoing treatment) will be working while doing so. What does the law say in this area? What are an employer’s obligations towards those undergoing fertility treatment?

Here are some key facts:

• There is no legal right to time off to undergo fertility treatment (or to accompany a partner to fertility treatment).
• As an employer, you need to be aware of the risk of discrimination claims if you treat a person undergoing fertility treatment unfavourably. This could amount to sex discrimination.
• How you treat an employee undergoing fertility treatment is important. If an employee feels unsupported, then they could resign and claim constructive dismissal because you breached their trust and confidence by your attitude.
• When an embryo is reintroduced to a person’s body as part of the IVF process, they will be classed as pregnant. They will then have full pregnancy rights and protection against pregnancy-related discrimination from this moment until the pregnancy ends or until two weeks after a failed IVF cycle – this is known as the ‘protected period’.

How can employers help?

Rather than focussing on the legal rules on this topic, we advise you to focus on how you can best support employees undergoing fertility treatment.

A sympathetic and informed approach to fertility issues will create an open and collaborative work environment. Consider initiatives to raise awareness and get the conversation started. Employees need to be able to speak openly so that employers can offer support. Fostering a culture that allows for these conversations is very important. By creating a positive work culture, you will also help to avoid conflict and claims.