Fertility Treatment and Employment Rights

Florence Eshalomi Excerpts

Tuesday 1st November 2022 Westminster Hall

[Nickie Aiken]

I absolutely agree with my hon. Friend. There is so much pressure on the NHS, and on the provision of proper fertility treatment, that many people have to spend their savings or remortgage their home to pay for private facility treatment. I hope this debate will lift the lid on the lottery that still exists.

Women are, of course, protected from pregnancy-related unfair treatment and discrimination throughout the protected period. However, for those undergoing fertility treatment, this protected period would begin only at implantation, not before. That means employers are unlikely to be liable for pregnancy discrimination in relation to any unfair treatment prior to implantation. That leaves people vulnerable to unfavourable treatment or dismissal during the earlier stages of treatment, and without any legal recourse.

Data from Fertility Matters at Work shows that one third of people going through IVF treatment have considered leaving their job rather than facing workplace discrimination. The organisation’s findings also indicate that many people feel uncomfortable discussing IVF treatment openly with their employer, and struggle through the journey largely unsupported and in silence. Some said that they feared that the fact that they were having fertility treatment would be held against them, and that they would not be considered for the next promotion, or might even face redundancy.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I thank the hon. Lady for making a passionate speech on such an important issue. Given that 3.5 million people in the UK face fertility issues, should not employers look at how they can come up to date and make sure that there is space for their staff to discuss the issue in the workplace?

[Nickie Aiken]

I completely agree. One in six couples experiences fertility issues. That is a huge number of people, as she says. If we are to retain brilliant people in their jobs, we must do more to support them at such a difficult and emotional time.

The Fertility Matters at Work research found that when people spoke to their employers, many felt that what they said was used against them when it came to future opportunities and progressing in the company. The reality of the issue was brought to light by a constituent of mine. I commend her for her bravery in sharing her story; it led to my campaign. She had been working in finance for 19 years. Everything was going well. She was a senior person in her organisation. Sadly, she found she could not conceive naturally, and realised that she had to go for IVF. She did everything under the radar because she did not feel that her employer would be supportive. Sadly, complications in the treatment led to her being in hospital for two weeks; there was then a further four weeks of recovery. The hospital wrote a sick note for her employer that said, “complications due to IVF.” The cat was out of the bag.

When my constituent went back to work, her employer immediately called her into a meeting and told her that she was being moved abroad; she had no choice. She stuck to her guns and went through the IVF. She was told that if she went for the implantation, she could be sacked. She went for the implantation and then decided that she would have to go off work because of stress.