News Stories

Female employees and IVF treatment
15/04/2008

We have witnessed a marked increase in the number of cases being brought in this area which, coupled with recent case law, should send out a stark warning to employers.

While women undergoing IVF treatment may not be deemed “pregnant” under the regulations in this area, they will still be protected by sex discrimination laws, and particularly the EC Equal Treatment Directive.

This was reinforced by the recent high profile case of Mayr v Bäckerei und Konditorei Gerhard Flöckner in the European Court of Justice, where it was decided that the dismissal of a female worker for receiving IVF treatment can amount to sex discrimination.

Since only women receive IVF, it will be direct sex discrimination to treat a woman less favourably in any way as a result of such treatment. The ECJ also took into account the principles behind the Pregnant Workers Directive, which is to avoid the potentially harmful effects on the physical and mental state of pregnant workers - and this protection should start from the earliest possible date in a pregnancy.

A member of the Employment team at Brabners Chaffe Street is currently handling a case where there is a strong argument to suggest that such discrimination has occurred, and we intend to reflect on the ECJ decision when taking the client's case forward.

The ECJ case will be encouraging to people who find that their employers are not as supportive as they might expect when IVF treatment is sought - and it should serve as a reminder to less-sympathetic employers to tread very carefully in this area.


For further information contact Andy Cross at Brabners Chaffe Street on

Back to the news headlines