Fertility-Friendly Workplaces? Attitudes to Assisted Conception and Employment

The timeliness of PET's Wednesday events never ceases to amaze me. On the same day that UK chancellor, Jeremy Hunt, announced a major extension of state support for childcare costs, PET hosted 'Fertility-Friendly Workplaces? Attitudes to Assisted Conception and Employment' with a stellar line-up.

Nickie Aiken MP kicked off the event, describing how she became involved in fertility politics. A constituent had written describing how her workplace gave her an ultimatum after finding out about a sick note detailing fertility treatment: either halt treatment or relocate to Switzerland. This constituent sued her employer for unfair dismissal, they agreed a settlement and she signed a non-disclosure agreement, but her experiences always frustrated her. As became apparent throughout this event, this constituent's story was not unique: many people undergoing fertility treatment faced workplace-related difficulties.

In part, these difficulties may be traced to how there is currently no specific legal protection for employees undergoing fertility treatment. Without formal entitlement to paid leave, employees are forced to disclose personal medical information to their employers or lie about their absences. Working alongside other members on the evening's panel, Aiken put forward a private members' bill – the Fertility Treatment (Employment Rights) Bill – and also devised a voluntary 'Fertility Workplace Pledge' (see BioNews 1166) to encourage employers to provide much-needed support.

Aiken described how these initiatives, alongside increased information, awareness, and training, aim to reduce the stigma associated with fertility treatment, which is currently treated similarly to cosmetic surgery in leave policies in some NHS trusts. She highlighted the similarities and differences with how the law treats other areas of reproductive healthcare, such as maternity and miscarriage leave. With increased government attention on women's health (see BioNews 1152), she believes that recognising the impact of infertility is a crucial piece of the puzzle in achieving equality in the workplace.

Dr Zeynep Gurtin – a lecturer at the EGA Institute of Women's Health, University College London – picked up seamlessly, with an overview of the challenges faced by employees disclosing their fertility treatment, the undesirable disclosure of personal information, and the common reactions following disclosure. Her comprehensive talk provided a stark picture of the hidden difficulties experienced by those undergoing fertility treatment, ranging from the more obvious (time off for appointments) to the more innocuous (workplace family-focused chatter about World Book Day).

Without a dedicated person – was someone within the HR department, or even a dedicated 'fertility officer' – many employees feel lost, unsure of their colleagues' reactions, and worried about the potential impact on future prospects. Even where employers act with good intentions, a sense of awkwardness colours employers' assumptions. Given infertility's wide reach, both employers and employees stand to benefit from more fertility-friendly workplace policies.

Anya Sizer's presentation dovetailed nicely into Dr Gurtin's, focusing on Fertility Network UK's interest in employers' support provision for those undergoing treatment. Despite this being a relatively new initiative, the impact is clear, with many myths associated with accessing fertility treatment debunked. Notwithstanding the World Health Organisation defining infertility as a disease, there remains a prejudice that fertility healthcare is lifestyle-related. Sizer referred back to Aiken's presentation, discussing the renewed Government interest in women's health. With Fertility Network UK among the 16 organisations selected by the Department of Health and Social Care, to use £1.97 million in funding to support women's health issues in the workplace, Sizer was optimistic that widespread change is around the corner.

The penultimate speaker was Becky Kearns, who cofounded Fertility Matters at Work after her experience with fertility treatment. As she described some of the testimonials from respondents to her organisation's 2022 survey, the themes emerged again that fertility treatment – like cosmetic surgery – was wrongly perceived to be a lifestyle choice. Kearns' presentation reiterated the extent to which the impact of fertility treatment goes beyond individuals cases, relating to wellbeing, diversity, and inclusion. Helpfully, Kearns' background in HR allowed her to present a convincing business case for implementing fertility-friendly policies – increased employee engagement, attraction and retention are all crucial for employers in the current economic climate.

The panel concluded with Natalie Sutherland, a solicitor from the law firm Burgess Mee and reportedly the world's first fertility officer. Ignoring warnings from higher-ups about potentially disadvantaging her legal career, Sutherland became a mother. After initially sharing her fertility-related experiences in September 2021, she was frustrated to discover how many people had silently undergone similar experiences. In orderto change this, she launched In/Fertility in the City alongside Somaya Ouzzani (see BioNews 1130). Within a year, there had been two separate well-attended In/Fertility in the City events plus an ongoing podcast, and many organisations began appointing their own fertility officers.

Sutherland discussed various types of benefits that employers could offer. Her presentation demonstrated the clear impact of having fertility-friendly policies in place, describing how this can help support people with experiences ranging from egg freezing to ectopic pregnancy. Having Sutherland close meant that the discussion circled back to the key issue - how to remedy, via law or other means, a lack of consideration for the needs of those who seek fertility care.

The Q&A that followed saw the panellists eloquently answer the audience's various concerns, such as the need to account for men undergoing treatment (see BioNews 1165). Here, Sizer and Kearns described the initiatives their organisations had put in place to help combat the stigma and taboo, and Sutherland described how many more men engaged in the second In/Fertility in the City event than in the first.

Other issues raised included the need for wider consideration of the uncertainties surrounding natural conception. Dr Gurtin describing how these uncertainties are hugely exacerbated when undertaking fertility treatment, such that employees felt that they needed to act pregnant before actually being pregnant. Other questions touched on the need for greater statutory protection in relation to other reproductive health matters, including endometriosis and PCOS.

As PET showed in its report last year (see BioNews 1148), there has been a significant change in social attitudes towards fertility. This suggests that there should be corresponding changes in law, regulation and policy.

PET is grateful to Carrot Fertility and Merck for supporting this event.

The next free-to-attend online events from PET will be:

• Your Chance for Change: Shaping the UK's Fertility and Embryo Law (29 March 2023)
• Surrogacy Law: What Is Intended… For Parents? For Surrogates? For Children? (19 April 2023)