By Michelle Weldon-Johns
An increasing number of people in the UK undergo assisted reproductive technology (ART) treatments annually to conceive or to preserve fertility. HFEA data show that in the UK in 2019, nearly 53,000 persons received 68,975 cycles of IVF, 5,694 cycles of donor insemination treatment, 2,396 egg freeze cycles and 8,174 embryos were stored. This has significant implications for working persons, with the requirements to attend often time-sensitive appointments and undergo, at times, invasive fertility treatments that have an impact on availability for work, not to mention physical and mental effects. Nevertheless, those engaged in ART treatment find themselves outside the traditional boundaries of equality law protection. This is concerning given the potential for treatment to interfere with work and/or workplace performance, and their resulting vulnerability to discrimination and/or dismissal.
The UK Equality Act 2010 extends protection only to those who satisfy one of nine specific protected characteristics, with sex, pregnancy and maternity, and disability most relevant here. However, none of these characteristics alone offers sufficient protection for all those engaged in ART treatments. Nevertheless, equality law offers some possibilities for the future if developed appropriately.