Latest Information

Risks to Pregnant Workers

03/02/2010

Every employer is under a duty to make a suitable and sufficient assessment of the health and safety risks to which its employees are exposed to at work.

The employer is required to record the findings of the assessment but is not obliged to hand over these findings to the employee as long as information about the risk is provided orally to that employee.

In addition, once an employee has notified the employer in writing that she is pregnant and:

• the work she carries out is of a kind which can involve a risk of harm or danger to the health and safety of the expectant mother or her baby; and
• this risk arises as a result of any processes, working conditions or physical, chemical or biological agents in the workplace,

then there is a duty placed upon the employer to conduct a specific risk assessment for a pregnant worker.

If there is an obligation to carry out a risk assessment and the employer fails to carry out such a risk assessment, employees may have a claim for sex discrimination as a result. It is not necessary for an employee to prove that they have suffered a detriment and therefore employers need to be alert to the requirement to carry out the risk assessments where the pre-conditions are met.

Furthermore, when an employee returns from maternity leave and lets you know she intends to breast feed you must carry out a further risk assessment to remove any risks that are identified.

If your business needs confidential and/or urgent Employment advice, please do not hesitate to contact our employment team on 01204 527777.

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