General information
The Equality Act and Fertility Treatment: What's Protected
A plain-English overview of how the Equality Act 2010 is generally talked about in the context of fertility treatment at work.
This page is information, not legal advice. For your own situation, please speak to ACAS, a trade union, or an employment solicitor.
Published 12 April 2026
4 routes
Does the Equality Act 2010 Protect Me During Fertility Treatment?
The Act doesn't mention fertility treatment by name.
The routes below are the ones most often discussed by ACAS, employment lawyers, and HR guidance.
Whether any of them apply to a specific situation is a question for legal advice.
From Embryo Transfer
Once an embryo has been transferred, the person is generally treated as pregnant for the purposes of the Equality Act 2010.
Pregnancy and maternity provisions usually apply from this point.
Before Transfer: The Disability Route
Before transfer, fertility treatment is not automatically covered.
Some underlying conditions (for example endometriosis or PMOS, previously called PCOS) can meet the disability threshold under the Act if they have a substantial, long-term effect on day-to-day activities.
Whether the threshold is met in any individual case is a matter for legal advice.
Sex Discrimination
Because fertility treatment disproportionately affects women, less favourable treatment linked to it is sometimes raised under sex discrimination provisions.
Whether this applies depends entirely on the facts.
Partners
There are routes in the Equality Act that can apply to people treated less favourably because of someone they are associated with.
If this might apply to you, ACAS, a union, or an employment solicitor can talk it through.
Stage by stage
Protection Across the Timeline
How the Act is generally talked about across treatment stages.
Routes vary, and individual circumstances matter.
ACAS, a trade union, or an employment solicitor are the right sources for case-specific questions.
Stage 1 of 4
Pre-Treatment
General employment protections apply.
Less favourable treatment linked to fertility plans is sometimes discussed under sex discrimination.
Stage 2 of 4
During Treatment (Before Transfer)
Disability and sex discrimination routes may be relevant depending on the underlying condition and the situation.
Reasonable adjustment duties can come into play.
Stage 3 of 4
After Embryo Transfer
Pregnancy and maternity provisions of the Equality Act 2010 are generally taken to apply from this point.
Stage 4 of 4
Failed Cycle or Miscarriage
Some pregnancy-related protections may continue for a period.
ACAS guidance describes how IVF-related absence is typically handled.
In practice
Where This Comes Up
A few areas where the law in this space has been tested or guided in practice.
We don't summarise individual cases here.
For that, ACAS, a union, or an employment solicitor are the right port of call.
Protection Before Transfer
Courts have looked at whether pregnancy protections apply before embryo transfer. The picture is nuanced.
Protection in that window has tended to be discussed under sex or disability provisions rather than pregnancy itself.
Why it matters in practice:
If your situation is in this window, the route to protection matters and is worth getting advice on.
Fertility-Related Absence
There has been discussion about whether IVF-related absence should be treated the same as ordinary sickness absence in HR procedures.
ACAS guidance addresses this.
Why it matters in practice:
Worth checking how your employer's absence policy handles it.
Reasonable Adjustments
There are cases where reasonable adjustments during fertility treatment have been considered.
Whether a duty applies depends on the underlying condition and circumstances.
Why it matters in practice:
If you have a relevant underlying condition, this is a route worth raising with your employer or OH.
Starting points
Adjustments People Commonly Ask For
Whether any of these are required by law depends on individual circumstances.
They are useful starting points for a conversation with a manager, HR, or occupational health.
- Time off for clinic appointments (often at short notice)
- Flexible working patterns during active treatment cycles
- Temporary reallocation of physically demanding or stressful duties
- Access to a private space for medication administration
- Adjustments to absence management triggers
- Confidentiality protections for disclosed health information
Watch this space
Pending Legislation
The Fertility Treatment (Right to Time Off) Bill was introduced in Parliament in November 2025. Check our legal tracker for its current status.
If passed, this would provide:
- Explicit right to time off for fertility treatment appointments
- Protection from detriment for taking fertility-related absence
- Employer policies on fertility treatment support
- Extension of protections to partners attending appointments
In the toolkit
Prepare the Conversation
OccuFertility includes self-advocacy scripts and legal awareness tools to help you navigate workplace conversations with confidence.
Not a medical device. This platform provides structured information and evidence-based reference material to support conversations between employees, their GPs, and their employers.
It does not constitute clinical advice, diagnosis, or treatment. Clinical decision-making rests entirely with the treating clinician.
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