MP Nickie Aiken has recently introduced to parliament a Private Member’s Bill- the Fertility Treatment (Employment Rights) Bill- seeking better workplace protection for women going through IVF.  

This Bill seeks to bridge some of the “gaps” in the current legal framework of protections for those undergoing IVF.

So, what’s the current legal protection?

As we’ve previously mentioned, a woman underdoing IVF only gains legal protection from being treated unfavourably due to pregnancy or maternity from the point at which the embryo transfer takes place. Should an embryo transfer be unsuccessful, the employee retains legal protection under the legislation prohibiting pregnancy and maternity discrimination for a further two-week period following the loss.

Prior to embryo transfer, while undergoing IVF, employees and workers have limited IVF- specific protection. Most of their legal protections stem from standard employment protections to prevent discrimination.

In addition, there is currently no statutory right to time off for IVF either for the woman who is due to have the embryo transfer or for their partner to accompany them to such appointments.

In our view, there is a compelling case for simplifying the current framework to ensure that this is easier to navigate (for both employers and employees) during this difficult time.

What could change?

Nickie Aiken, MP, believes that “IVF treatment should be categorised as antenatal and thus patients be given the same work rights”.

If brought into law, this Bill could lead to employees going through IVF having the legal right to paid time off to attend appointments and for their partners to accompany them to appointments (albeit on an unpaid basis). It may also mean that those undergoing IVF treatment would be protected from discrimination in a similar way to pregnant employees currently are.

Whilst many Private Members Bills do not ultimately become law, the fact that this Bill has been proposed, together with the surrounding publicity, helps to raise awareness around workplace protections (or rather, lack of protections) for those going through IVF.

How we can help

According to the UK Parliament website, the second reading of the Bill is due on Friday, 25 November 2022. We’ll be keeping a keen eye on developments and keep you updated.

If you would like more information on the current legal protections, please read our blog Infertility: The Unspoken Struggle. For information on how employers can help those going through infertility, please read our blog Infertility: How Employers Can Help .

Please do get in touch with our experiencedReproductive Health Team if you have any queries.

This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “Lancashare” and a member of our team will be happy to assist you. 

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