Chapter 5
IVF
[ch 5: page 56]For employees undergoing IVF the position is slightly more complicated:
• while employees are undergoing IVF treatment, they are not protected from automatically unfair dismissal for a reason connected with pregnancy until the ovum is successfully implanted and pregnancy is achieved;
• even so, if, during the period leading up to the successful implanting of the ovum, the employer would have treated a male employee differently, the woman is likely to have a claim for sex discrimination;
• once the ovum is implanted, employees are protected from pregnancy or maternity discrimination in the normal way.