Fertility Treatment and Employment Rights

Debate between Peter Dowd and Nickie Aiken

Tuesday 1st November 2022 Westminster Hall

[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.

[Peter Dowd (Bootle) (Lab)]

As the hon. Member said, more than one third of employees undergoing fertility treatment consider leaving their job because of the problems she has described. Does she agree that that is not good for the economy, let alone the personal and financial circumstances of the person concerned? That is why this debate is so important, and I thank her for initiating it.

[Nickie Aiken]

The hon. Member is absolutely right. We have to ensure that we retain these brilliant people in their jobs. We have 1 million job vacancies, and we know how difficult it is to recruit people to jobs, so why do we make it as hard as possible to keep people in their jobs when they are going through fertility treatment?

My constituent nearly ended up in an employment tribunal, but because she was in early pregnancy and did not want the stress any more, and because she was finding it difficult to pay the lawyers’ fees, she came to an agreement with her employer and signed a non-disclosure agreement. Since then, she has been unable to speak about her case in public. She came to me in confidence, which is why I took up this cause, so I thank her. She is not the only one. Since I started the campaign, I have been contacted by scores of people, but I know that thousands of women are affected every year. Many women have told me that admitting they are undertaking IVF or any form of fertility treatment can be considered career suicide. We should not allow women to feel that they have to put having a baby up against progressing their career. In the 21st century, why can they not do both? It is important that we listen to such stories, act on them, and provide women and their partners—men or same-sex partners—with the respect and the protections that they need. After all, it is 2022, not 1922. That is why I started this campaign.

The first part of my campaign is my private Member’s Bill, the Fertility Treatment (Employment Rights) Bill, which is due to have its Second Reading on 25 November. The Bill would give individuals the right to take time off for fertility treatment, just as they would if they had antenatal appointments. It is supported by leading charities and non-governmental organisations, as well as the Chartered Institute of Personnel and Development. The Bill goes hand in hand with the incredible work that this Government are already doing to support women in work, through policies on the menopause, couples requiring neonatal leave, and those who have experienced baby loss. I hope that the Government will fully support the Bill on Second Reading.

I know how long it can take to get a private Member’s Bill through the House, but there are also other steps that we can take. We must encourage employers now—today—to take proactive steps to support people undergoing fertility treatment. That is why during this week, National Fertility Awareness Week, I am launching my fertility workplace pledge. The pledge calls for employers of all shapes and sizes to lead the way by voluntarily signing up to a clear set of commitments relating to accessible information, awareness in the workplace, staff training and, crucially, flexible working. Tomorrow morning, I will hold an event here in Parliament, to which all hon. Members are invited. It brings experts and academics together with leading businesses that, I am delighted to say, have already signed up to a pre-launch of the fertility workplace pledge, including NatWest, Metro Bank, Zurich, Channel 4, Co-op, Cadent Gas, UKHospitality and a huge array of UK law firms. I am particularly proud that the House of Commons has also agreed to take part.

By signing the fertility workplace pledge, all those organisations will improve their workplace culture and the wellbeing of their staff, which in turn reduces stress and sick leave, and safeguards against employee tension. Importantly, it will put no unnecessary burden on their businesses. That shows that businesses are supportive of the key principles of my Bill. We must remember that the pledge is voluntary. No matter how hard we try, without the necessary legislation and protections, thousands will be left vulnerable to discrimination.

There are so many misconceptions about fertility treatment, especially in the workplace. Many think that it is a lifestyle choice for older career women who have waited too long before trying to start a family. That could not be further from the truth. More than 40% of women who resort to treatment are under 35, and many turn to IVF for medical reasons, such as having gone through early menopause or cancer treatment. It is also a route to having a family for LGBT couples, as well as for those who do not have a partner or are clinically infertile. People should never be penalised because they cannot conceive naturally.

It is time to recognise fertility treatment as a very important part of reproduction. We have a falling birth rate in this country. We cannot put unnecessary hurdles in the way of people who want to start families. After all, our children are our country’s future. We must support everyone who is going through fertility treatment in order to conceive, and give them the employment rights that they need and deserve.