Ellis Taylor told her manager at Bingham and Young Opticians that she had been signed off work for seven days by her doctor due to "struggling to come to terms" with losing her pregnancy.
A few hours later, however, Taylor received a call from her manager, who dismissed her, claiming it was because he had to find someone to manage the branch in her absence. Taylor won her pregnancy discrimination claim.
“Employers have a legal obligation to support employees facing any kind of health issues or conditions, and this includes miscarriages,” Tina Chandler, head of employment law at law firm Wright Hassall, told HR magazine.
This case indicated employers do not understand the mental health implications of pregnancy loss, according to Becky Kearns, co-founder and CEO of fertility training provider Fertility Matters at Work.
Speaking to HR magazine, she said: “This case shows there is a significant gap between perceived treatment and actual treatment of women in the workplace, with a lack of understanding that the mental health impact can be just as impactful (in many cases even more-so) as the physical impact of pregnancy loss.”
Read more: Fertility at work: Insights from The F Word at Work live
One in six people have difficulties with fertility, according to statistics from the World Health Organisation in 2023.
A quarter of women in the UK would feel uncomfortable telling their boss they are off sick due to female-specific health-related issues, a survey by insurance provider AXA Health, released on 22 November, revealed.
The report named vaginal infections, pelvic floor disorders and sexual health as the issues women would not want to reveal. Meanwhile, a third of women would be comfortable discussing pregnancy-related issues.
Less than half (44%) of people who experienced pregnancy or baby loss felt confident talking about their loss at work, according to separate research by pregnancy loss charity Sands in June 2024.
HR should ensure employees do not feel pressured to return to work after a miscarriage, Marija Skukina, CEO and founder of fertility and pregnancy clinic Plan Your Baby, commented.
Speaking to HR magazine, she said: “It’s important to allow employees to grieve in their own time without pressure to return to work immediately.
“Providing paid or extended sick leave for physical recovery, along with emotional support, can help employees manage both the emotional and physical aftermath of a miscarriage.”
Employers should ensure they are educated about women’s health, Kearns added.
Read more: Bereavement and baby loss: How HR can support
She continued: “Employers should be educated and aware of the emotional impact, just as much as the physical side.
“The solution isn’t just a tick-box exercise in putting a policy in place with a specified number of days to take off, a cultural shift is fundamental around taboo topics that predominantly impact women in the workplace such as this.
“Awareness-raising and education are key, equipping and empowering managers and colleagues to have important conversations with empathy.”
HR should offer leave and mental health support to employees who have experienced baby loss, Valentina Milanova, founder of gynaecological health company Daye, told HR magazine.
She said: “For those who have experienced a miscarriage, compassionate support is vital. This can include offering bereavement leave, ensuring job security, and facilitating a gradual return to work.
"Additionally, training managers in sensitive communication and providing access to counselling services can significantly aid in the healing process.
"We can no longer afford to pass the resolution of gynaecological health challenges to future generations.
"By prioritising women's health and implementing supportive policies, employers not only fulfil their ethical obligations, but also foster a more inclusive and productive work environment."
AXA commissioned OnePoll to survey 2,000 women in the UK. The research was published on 22 November.
