Sarah Gilzean
Sarah is a Partner in Morton Fraser's highly rated Employment team. Sarah is an accredited specialist in discrimination law, one of only 12 in Scotland. She is highly regarded in the sector as a discrimination lawyer and is Convener of the Law Society Equalities Law Reform Committee and a member of the Scottish Discrimination Law Association.
Sarah is also an accredited specialist in employment law and has particular expertise in equal pay. Sarah acts for a wide range of employer and employee clients in the public and private sectors. Sarah also has particular expertise in the education sector and regularly advises independent schools in relation to accessibility, discrimination issues and parental complaints. She gives practical, easy to understand advice and is focused on achieving her client's objectives at all times.
She regularly advises both employers and employees in relation to senior exits, TUPE and redundancy, disciplinary and grievance, contractual disputes, whistleblowing, discrimination, equal pay and industrial relations. She appears on behalf of clients in the Employment Tribunal and Employment Appeal Tribunal and is regularly asked to speak at conferences and training seminars on employment law and discrimination topics.
Sarah was considered an Associate to Watch in Employment law by Chambers and Partners and was named a 'Star Associate' by Legal 500 in 2022.
Practice Area
Panel
- Contributing Author
2 Contributions by Sarah Gilzean
PRACTICE NOTES
Fertility treatment (including IVF) at work: legal rights, time off, discrimination, pregnancy protected period, policy guidance and case law
This Practice Note explores workers’ entitlements when they undergo fertility treatment, covering the range of treatments on offer (such as in vitro fertilisation (IVF), intrauterine insemination (IUI), medication and surgical options), how employers should handle time-off requests, when the protected period begins for pregnancy-related rights, safeguards against discrimination, considerations for introducing a workplace policy, and the most up-to-date guidance and current case law. It is crucial for employers to recognise the issues that arise for employees going through fertility treatment. The World Health Organisation reports that one in six people globally experience infertility. Fertility Network UK estimates that 3.5 million people in the UK face fertility challenges and recent surveys indicate that staff feel workplace support is insufficient. For example:
The 2023 Workplace Infertility Stigma Survey by Fertility Family found three in four respondents felt their employer did not foster an open environment to discuss fertility
A 2021 survey by Fertifa and Fertility Network UK reported that over one third of employees undergoing fertility treatment consider leaving their jobs
Types of fertility treatment
Fertility treatment is an umbrella term...
Employment
PRECEDENTS
Precedent fertility treatment (including IVF) leave policy: employees and partners - eligibility, entitlements, procedure and support
1 Introduction
1.1 This policy explains how [ enter name of organisation ] (the Company) will handle requests from employees for leave to receive fertility treatment, or to support a partner undergoing such treatment.
1.2 The term ‘fertility treatment’ covers a wide range of medical procedures and interventions designed to help individuals or couples experiencing difficulties in conceiving a child. Options span from taking medication that enhances fertility to more advanced procedures such as in vitro fertilisation (IVF) treatment. IVF usually includes stimulation of the ovaries to develop eggs, retrieval of those eggs under sedation (the ‘follicular puncture’), fertilising them, and subsequently the transfer of an embryo to the woman’s womb.
1.3 Currently, the law provides no general right to time off for fertility treatment (or to accompany a partner). Nor is there dedicated legal protection currently for those undergoing such treatment. However, a woman receiving IVF is regarded as pregnant for the purposes of the law on pregnancy/maternity from the point at which the embryo is transferred to the uterus thereafter...
Employment
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