The pregnancy status for women undergoing IVF treatment has been made clear to employers following a recent ruling from the European Court of Justice (ECJ).
European Union judges ruled that an Austrian woman undergoing IVF treatment, who was sacked three days before her fertilised eggs were implanted, was not pregnant under EU law. However, she was protected by the law on the equal treatment of men and women.
Rachel Dineley, employment partner and head of the national diversity and discrimination unit at Beachcroft LLP, commented: "With one in seven women experiencing difficulties in conceiving, many more women, and therefore employees, are undergoing IVF treatment. As a result, employers need to ensure they have the right policies in place to deal with it appropriately, both to safeguard the wellbeing of their female staff, and also to ensure they are adequately protected from a legal perspective."
According to Beachroft, it is at the point of pregnancy that female workers have the protection of the Pregnant Workers Directive.
