National Fertility Awareness Week is here to raise awareness of the issues millions of people across the UK face every day.
According to figures around one in seven couples, (approximately 3.5 million people) have difficulty conceiving.
The World Health Organisation (WHO) recognises infertility as a disease of the reproductive system so it should be handled at work in the same way as any other health condition. We’re here to remind you of your rights while going through fertility treatment, and if you fall pregnant.
What is IVF?
IVF stands for in vitro fertilisation and is a technique used to help people with fertility issues conceive if they are having trouble falling pregnant. During IVF, an egg is removed from the woman’s ovaries and is fertilised with sperm in a laboratory. It can be carried out using your eggs and your partner’s sperm, or eggs and sperm from donors.
Your IVF rights
If you become pregnant through IVF, you will have the same pregnancy and maternity rights as non-IVF pregnancies. However, there’s no legal right to time off work for IVF treatment or related sickness.
Your employer should treat your IVF appointments and any sickness the same as any other medical appointment or sickness.
When you have pregnancy protection rights
If you’re going through IVF, you have pregnancy rights once you’ve had an embryo transfer (the last part of the IVF process) and might become pregnant. You do not have to tell your employer at this stage, but it might be helpful as they could offer support.
If your employer knows you might be pregnant, you’re protected against unfair dismissal and unfair treatment related to your possible pregnancy.
If you find out you’re pregnant
If you have conceived through IVF you continue to have the same rights throughout your pregnancy and maternity as with non-IVF pregnancies.
If the IVF was unsuccessful
You’re protected by law against pregnancy discrimination for two weeks after finding out an embryo transfer was unsuccessful.
Pregnancy rights
According to the government website, pregnant employees in the UK have four main legal rights under the Equality Act:
- Paid time off for antenatal care
- Maternity leave
- Maternity pay or maternity allowance
- Protection against unfair treatment, discrimination or dismissal
Maternity leave
When you give birth, you will be entitled to 52 weeks of Statutory Maternity leave. You do not have to take 52 weeks, but you must take two weeks after your baby is born (or four weeks if you work in a factory).
The earliest you can start your leave is 11 weeks before the expected week of childbirth. If the baby is early, your leave will start the day after the birth, or automatically if you’re off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due
What is Statutory Maternity Pay
Statutory Maternity Pay (SMP) is paid for up to 39 weeks.
You will get:
- 90% of your average weekly earnings (before tax) for the first 6 weeks
- £172.48 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
Statutory Maternity Pay is paid in the same way as your wages (for example monthly or weekly). Tax and National Insurance will be deducted. Statutory Maternity Pay will usually start when you take your maternity leave.
It will start automatically if you’re off work for a pregnancy-related illness in the four weeks before the week your baby is due.
Pregnancy and maternity discrimination
There is legislation in place to protect pregnant women from discrimination and victimisation in the workplace. The Equality Act 2010 states it is unlawful to treat someone unfavourably because they are pregnant, breastfeeding or recently given birth.
Unfavourable treatment means that you are worse off because of discrimination relating to your pregnancy or maternity. This could include the following:
Unfavourable treatment
- Not being considered for promotion or included in any training programmes
- Working hours are reduced
- A decrease in pay
- Made redundant or fired claiming the grounds are pregnancy
- A failure to carry out necessary risk assessments of the working environment could pose health and safety risks to pregnant women and unborn babies
- Being pressured to resign
When you’ve given birth or are breastfeeding, you’re protected against discrimination for 26 weeks following the day you gave birth. If you’re treated unfavourably after this, you could still be protected against discrimination. However, it would be sex discrimination rather than pregnancy and maternity discrimination.
Pregnancy discrimination – how to make a claim
If you believe you have been discriminated at work while you are pregnant, breastfeeding or recently given birth you have the right to file a pregnancy and maternity discrimination claim.
You could be entitled to win compensation if it is proved that you were treated unfairly for ‘no other good reason’ than because you were pregnant or recently given birth.
Making a claim
To make a claim, you will need to follow these steps:
- Contact ACAS – the employment relations organisation to try to reach an agreement with your employer
- If you can’t reach an agreement, ACAS will issue a certificate to bring your claim to an Employment Tribunal
- You will usually have around three months from the date of dismissal, redundancy or discrimination act to bring a claim
- You have the right to sue your employer under the Equality Act of 2010 if they treat you unfairly or detrimentally because of your pregnancy, breastfeeding or maternity leave.
Pregnancy and maternity discrimination claims are complex claims so it is advisable to seek legal advice. You may need to provide evidence of discrimination. This could include evidence of a demotion, having your hours cut or being denied a promotion.
Further reading
Workplace discrimination – Oakwood Solicitors
WHAT TO DO NEXT
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National Fertility Awareness Week is here to raise awareness of the issues millions of people across the UK face every day. According to figures around one in seven couples, (approximately 3.5 million people) have difficulty conceiving. The World Health Organisation (WHO) recognises infertility as a disease of the reproductive system so it should be…
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