Navigating Fertility Issues in the Workplace

14th August 2024

Employment law, Newbury, Berkshire.

Fertility treatment is becoming increasingly common in the UK, with nearly 80,000 rounds of IVF completed in 2021.

Given that many individuals undergoing fertility treatment are likely to be working, it has become a significant workplace issue. So, what does the law say, and what are an employer's obligations towards those undergoing fertility treatment? 

Here are some key points:

  • No Legal Right to Time Off: There is no specific legal right for employees to take time off for fertility treatment or to accompany a partner undergoing treatment.
  • Risk of Discrimination Claims: More women than men undergo fertility treatment, so treating employees unfavourably during this period could lead to sex discrimination claims.
  • Maintaining Trust and Confidence: Employers must not undermine trust and confidence in the employment relationship. Employees who feel unsupported may resign and claim constructive dismissal, arguing that the employer's attitude breached trust and confidence.
  • Pregnancy Rights and Protection: When an embryo is reintroduced to a person's body during IVF, they are considered pregnant. They gain full pregnancy rights and protection against pregnancy-related discrimination from this moment until the pregnancy ends or two weeks after a failed IVF cycle – the 'protected period.'

Instead of focusing solely on legal obligations, employers should concentrate on supporting employees undergoing fertility treatment. A sympathetic and informed approach can prevent claims and foster a positive workplace culture. Here are some steps to consider:

  • Raise Awareness: Initiate conversations about fertility issues and encourage openness in the workplace.
  • Provide Support: Create policies that support employees undergoing treatment, such as flexible working hours or providing additional leave.
  • Foster a Supportive Culture: Ensure employees feel comfortable discussing fertility issues and seeking the support they need.

By fostering a supportive environment and being proactive, employers can help employees navigate fertility treatment while maintaining a positive and productive workplace.

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