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November 1, 2019 By Guest

#FertilityWeek – Employment Considerations when Creating a Family – Your Questions Answered

In celebration of National Fertility Week 2019, we ask our Fertility specialists to answer your most asked questions about all things Fertility Law. Today we are talking about what happens at work if you are undergoing fertility treatment. We speak to Employment Partner Caroline Carr about the top considerations.

working-mother-with-child-smQ: I’m about to undergo IVF, am I entitled to time off to do so?

There is no statutory right to time off for IVF treatment (unless it can be brought within the definition of antenatal care). However, once pregnant, a woman undergoing IVF treatment has the same rights as any other woman who is pregnant. If the IVF is unsuccessful, the protected period ends 2 weeks after the date the woman is informed that implantation was not successful.

Q: I’m becoming a parent via surrogacy, am I entitled to maternity leave?

Women whose babies are born via surrogates are not currently entitled to maternity leave. Parents having a child via surrogacy are entitled to unpaid time off for two antenatal appointments (up to a maximum of 6.5 hours during working hours on each occasion), a period of adoption and paternity leave (with the parents choosing which of them takes each right) and shared parental leave. To be entitled the parents must apply, or intend to apply, for a Parental Order.

Q: I have agreed to be a surrogate for my friends, am I entitled to maternity leave?

As a surrogate, you will be entitled to take full statutory maternity leave and pay, regardless of whether or not you continue to have contact with the child following the birth.

Q: Once the baby is here I think I would like to go part-time. Do I have a right to that?

Many workers find that flexible working helps with family commitments, and reduces the time, costs and stress of commuting. All employees who have 26 weeks’ service have a statutory right to request to work flexibly. However, this does not give an employee an absolute right to work flexibly. Therefore, if an employer refuses an application, an Employment Tribunal cannot force an employer to accept the flexible working practice. The right is for reasonable consideration of the flexible working request. While there is no absolute right to work flexibly, a refusal of a flexible working request could potentially be discriminatory if it is related to sex or maternity.

Q: I have been dismissed by my employer whilst I am pregnant, what do I do?

Dismissing an employee because they are pregnant (or for a reason connected with pregnancy or childbirth), or because they are on maternity, adoption, paternity, shared parental or unpaid parental leave, or have exercised their right to time off to attend antenatal or adoption appointments is automatically unfair. Employees on leave also have a right to return to work and failure to allow an employee to return will amount to unfair dismissal unless the employer can justify its actions. If this has happened to you then you will want to make a claim for unfair dismissal against your employer. We can assist you with this and provide an initial fixed fee appointment to discuss your options and prospects.

The top takeaway when using any form of assisted conception is to get legal advice before you embark on your journey so that you know exactly where you stand. This helps you to avoid any pitfalls and let you focus on the exciting part, becoming a parent!

If you have any questions about all things fertility law, get in touch with BTO at our Edinburgh office on 0131 222 2959 or Glasgow office on 0141 225 4848.


Caroline Carr Employment Law Specialist at BTOCaroline Carr heads up BTO’s employment team of six employment lawyers which provides “excellent service from general advice to tribunal representation” (The Legal 500). She has been accredited by the Law Society of Scotland as a Specialist in Employment Law since 2001. For further info on the employment law services visit: www.btoemploymentlaw.co.uk

More to Read

babys feet in motherss hands#FertilityWeek: Becoming Parents via Surrogacy – Your Questions Answered Image of two women's hands holding coffee cups#FertilityWeek: Becoming Parents as a Female Same-Sex Couple – Your Questions Answered Man holding a baby#FertilityWeek: Becoming Parents as a Male Same-Sex Couple – Your Questions Answered Pineapple against blue background#FertilityWeek : Becoming Parents via Assisted or Donor Conception – Your Questions Answered

Filed Under: Assisted or Donor Conception, Children and Family, Surrogacy Tagged With: employment law, fertility treatment, fertility week

What our clients say

Your advice has been incredibly helpful

Beverley thank you for everything you’ve done regarding my case and for your assistance in getting the many issues resolved and matters concluded. Your advice has been incredibly helpful and greatly appreciated. Should I require any further assistance, I will be in touch.

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I won’t hesitate to put them in touch with you

Looking back I wish my ex-wife and I would have gone down the collaborative divorce path but as you know she chose a very different way which ended up being most certainly a longer, more stressful and more expensive path for both of us. Should I ever hear of anyone whose marriage has reached that… Read more “I won’t hesitate to put them in touch with you”

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Forever I will be grateful…

Marjory, forever I will be grateful and thankful to you for all the hard work you did for me and my family. Thank you very much again and again. I am so very blessed in life that I found a lovely understanding person like you. Not many lawyers would say go and have a cup… Read more “Forever I will be grateful…”

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I am eternally grateful

I am in no doubt I have made the correct choice by having BTO Solicitors represent me in such a difficult time. I am under no illusion you and your team will continue to do the best for me in future. Many many thanks for today. I am eternally grateful.

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Splendid work Marjory

Splendid work Marjory, it has been a treat to use BTO and your services.

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I was very pleased with how things went today

Hi Beverley – I would just like to email you to thank you for your services today and commend you on doing a stellar job. I was very pleased with how things went today. The level of professionalism you showed was much to my satisfaction and greatly appreciated. I felt very relaxed at having you… Read more “I was very pleased with how things went today”

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I have come out of the process a much stronger person

I would have no hesitation recommending Lesley Gordon to anyone I know who needs the services of a divorce lawyer. It was a very positive experience all things considered and I have come out of the process a much stronger person thanks to Lesley.

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Outstanding job…

Marjory… you are doing an outstanding job… Thanks again for your support and expertise in helping me navigate through this horrible situation. I really appreciate it.

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Very approachable manner

Many thanks Marjory for your very approachable manner during our meetings.

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My recent collaborative process

Dear Marjory, I just wanted to say a huge thanks for all your help, advice and counsel throughout my recent collaborative process. You definitely made a difficult process easier for me. Thank you.

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Approachable and sensitive manner

Marjory, thank you very much for your very approachable and sensitive manner during our meetings.

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Thank you for your professionalism and talent

Thanks Debbie, as always, for your professionalism and talent, it has been a pleasure.

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Wonderful job

I would like to thank you Lesley again for the wonderful job you and your team did for me at a very difficult time in my life.

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Highly professional and excellent services

Debbie, I would like to express my sincere gratitude for the highly professional and excellent services I received from yourself and your team.

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All starting to come together…

Thanks Marjory, it’s all starting to come together.. thanks to you…:)

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From our first meeting, I felt confident…

Hi Debbie, I wanted to take this opportunity to pass on my gratitude to you for getting me through this. From our first meeting, I felt confident and assured to be in your safe hands and that never changed during the last 18 months. Whilst it is a great relief to have this finished I… Read more “From our first meeting, I felt confident…”

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I would recommend you to anyone

Hi Marjory and Keira, I just want to thank you both for taking me through this terrible time in my life. I have learned a lot in the past 3 years with dealing with BTO and I would recommend you to anyone as you have been very fair and honest with all parties concerned.

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Things have been finalised in about twelve weeks

Amanda, many thanks for seeing all this through for me. I cannot believe that after the best part of two and a half years of frustration (pre BTO), things have been finalised in about twelve weeks.

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Financial knowledge and gravitas

Lesley has financial knowledge and gravitas. I think she is faultless.

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Help during this extremely difficult time

Debbie, I would just like to thank you for your help during this extremely difficult time. I really appreciate it.

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I left the offices empowered and liberated

Just wanted to say huge thank you to Lesley Gordon. I left the offices empowered and liberated. Not sure any psychologist would have done a better job! On top of her real job.

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You have smoothed the pathway with your efficiency

Amanda…May I take this opportunity to thank you for your help in these matters. Although I am a resilient person, it has not been easy, but you have smoothed the pathway with your efficiency…

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Their service and support has been excellent

After quite a complex case, I can say that their service and support has been excellent.

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I came out of your offices feeling great!

Marjory, thank you for a really positive meeting on Friday. I feel things are a lot clearer in my head – I came out of your offices feeling great!

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I certainly feel like a weight has been lifted off my shoulders

Marjory, I just wanted to say thanks very much for your help right throughout the case. Lately, the ad hoc support has been invaluable and given me the confidence to keep representing myself and not feel pushed into agreeing something I’m not comfortable with. I appreciate how difficult it must be to provide support when… Read more “I certainly feel like a weight has been lifted off my shoulders”

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Excellent communications and support

Many thanks for your recent work related to my divorce…..I would particularly like to thank Amanda Richardson for her excellent communications and support.

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After all these years I’m finally free

Thank you so so much Amanda. Actually there’s no words to thank you. I feel great. After all these years I’m finally free. Thank you.

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Our anxieties were greatly alleviated

Lesley, thank you so much for all your help. It turned out to be a very uncomplicated matter in the end and probably not the most interesting for you. However our anxieties were greatly alleviated with your advice and work

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I will definitely recommend you…

Hi Marjory, thanks again for being an absolute joy to work with during this unknown and nerve-wracking process. You made me feel calm and reassured throughout (not an easy task). I will definitely recommend you to anyone else looking for representation.

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I would like to thank my exceptional Scottish team

My dear legal team! I have been writing this letter of thanks in my head since about two months ago, and didn’t know it would take a bit longer than expected to actually be able to express my deep gratitude to you ALL for winning this tough and enduring process for me……I would like to… Read more “I would like to thank my exceptional Scottish team”

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Thanks for all the expert guidance through a trying situation

Hi Marjory, my daughter and her son are doing great. Everything seems to have calmed down. She and her husband finished the mediation process after a couple of visits as they both felt they had to step up to the mark for their son’s sake not for personal reasons. Once again thanks for all the… Read more “Thanks for all the expert guidance through a trying situation”

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Help guiding us through a very stressful time

I would like to thank you again for all your work and help guiding us through a very stressful time.

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I still get to see my kids 3 times a week

Just wanted to say a huge thank you for your help and representation today. It’s such a relief to hear that I still get to see my kids 3 times a week. Also last but by no means least can you pass on my profound gratitude to Counsel who was a star !!!!

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An Excellent Lawyer…

Beverley thanks for all your assistance with everything. It’s much appreciated and rest assured should I ever need an excellent lawyer in the future you will be the first to be called.

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We would not have managed this without you

Marjory, I think we can all honestly say that we would not have managed this without you, truly you have been an absolute star and we are all very thankful.

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Risk assessed everything

They explained everything to me very clearly and we looked at every permutation and possible outcome and risk assessed everything.

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Always appreciated being able to rely fully on you and the team

Amanda and Lesley, thank you to you both for all your help, now and during last year, and, as I said before, I have always appreciated being able to rely fully on you and the team at all times. Obviously, a very sad time for me but I am relieved that it is at an… Read more “Always appreciated being able to rely fully on you and the team”

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Guiding me through a difficult time

Lesley, I would like to take this opportunity to thank you for your professionalism. Guiding me through a difficult time, also your understanding and empathy as to my personal situation. I would not hesitate in recommending your services to others.

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Efficient and smooth service

Debbie, could I take this opportunity to thank you for the efficient and smooth service you have provided, and particularly, in our first meeting when you listened to my concerns and really helped explain things and put my mind at ease.

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Highly professional and meticulous in detail

Highly professional and meticulous in detail. No shortcuts or compromises involved, ensuring all eventualities were covered and underwritten with third-party expertise where appropriate.

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Great service

Beverley thank you so much for all your hard work and making things run as smoothly as possible. Great service.

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Edinburgh
0131 222 2959
Glasgow
0141 225 4848
Email
familylaw@bto.co.uk

About Us

We are award winning family and divorce lawyers based in Edinburgh and Glasgow and covering the whole of Scotland, including cross border issues, specialising in divorce and all aspects of child and family law. Learn More

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