Fertility Treatment: Your Rights at Work

However, you have more protection than most people realise, and the legal picture is more nuanced than "no rights."

Decisions to dismiss or change working arrangements after this point are typically scrutinised closely; employers would usually take HR or legal advice before doing so.

These provisions can apply whether or not you have told your employer about the transfer.

Depression or anxiety arising from fertility treatment may also qualify as a disability under the Equality Act where it has a substantial and long-term adverse effect on normal day-to-day activities.

Whether the threshold is met in any particular case is fact-specific, ACAS guidance, a union representative, or an employment solicitor are the appropriate references.

This is fact-specific and not a straightforward legal determination, ACAS, a trade union, or an employment solicitor are the right sources for case-specific advice.

What may apply instead:

• Reasonable adjustments, where the Equality Act 2010 disability threshold is met (this is fact-specific)
• Pregnancy protections, which may apply from the point of embryo transfer
• A flexible working request (most employees can ask from day one of employment)

For planning time off around each stage of treatment, see the IVF time off guide in the practical guides below.

ACAS gives free, confidential advice on workplace concerns.

Option 1, Disclose nothing

"I have a medical appointment" is sufficient. You are not required to explain the nature of any medical appointment.

This is often the right choice, particularly early in treatment.

Option 2, Disclose to HR only

HR can hold the medical context and pass only the adjustments needed to your line manager, if you would prefer to keep the conversation in two parts the specific details.

Ask HR to keep your disclosure confidential and to communicate only the adjustments needed to your manager.

Option 3, Use the Line Manager Brief in your Tools tab

The brief in this tool is designed to give your manager what they need to support you, and you decide which sections to include. You control exactly what goes in.

Option 4, Request an occupational health referral

You can ask your GP or HR to refer you to occupational health, or self-refer if your employer offers it.

An OH practitioner can provide formal, independent recommendations to your employer about workplace adjustments, without disclosing your medical details beyond what you consent to share.

• Document everything: dates, what was said, who was present
• Contact ACAS for free, confidential advice: 0300 123 1100
• Consider speaking to a union representative if you have one
• Request a written explanation if reasonable adjustments are denied

Research shows 7.4% of people experience fertility treatment-associated harassment at work (Ueda et al. 2022).

You are not alone, and ACAS, a trade union, or an employment solicitor can advise on next steps.

If you are asked for more detail than feels comfortable:

You are not required to share medical details. "A medical procedure" or "a medical appointment" is always sufficient.

• Recommend workplace adjustments without disclosing your diagnosis
• Provide an independent clinical view that may inform whether the Equality Act disability threshold is met (the legal determination itself sits with employment-law processes, not with OH)
• Document your situation in a way that supports both you and your employer
• Provide a management report that your employer can act on

OH access routes commonly include:

• Asking your GP to refer you
• Asking HR whether your employer offers OH and requesting a referral
• Self-referring if your employer offers this (ask HR whether they do)

A formal diagnosis or specific threshold score is not normally required to access OH support.