Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment law

Pregnancy and risk assessment: legal Q&A

by Personnel Today 7 Mar 2008
by Personnel Today 7 Mar 2008

Managing pregnant workers can be a sensitive issue for employers, but every organisation has a responsibility to carry out a risk assessment and take any necessary precautions to protect any pregnant employees.

Q As an employer, what is my duty to carry out a risk assessment?

A Under reg.3(1) of the Management of Health and Safety at Work Regulations 1999, every employer has a duty to make a suitable and sufficient assessment of the health and safety risks its employees are exposed to while at work.






WarningThis page has been updated

This page was updated on 21/11/2011 to make sure all content was up-to-date and correct.

You may also find the following XpertHR FAQs on risk assessments for pregnant workers useful:



  • Is an employer obliged to carry out an individual risk assessment for all pregnant employees?

  • Where a risk to a pregnant employee has been identified that cannot be avoided, what is the first step that the employer should take?

  • What adjustments to a pregnant employee’s working conditions or hours of work might an employer make?

  • Where an employer reduces a pregnant employee’s working hours to avoid a risk to her health and safety, can it reduce her pay accordingly?

  • Where it is not reasonable for an employer to alter a pregnant employee’s working conditions or hours of work, or doing so would not avoid the risk to her health, what should it do?

  • What does “suitable” alternative work mean in relation to a pregnant employee who cannot do her normal job for health and safety reasons?

Q Must the risk assessment be in writing?

A Yes. The regulations explicitly require the employer to record in writing the “significant findings of the assessment, and any group of his employees identified by it as being especially at risk”.

Q How should an assessment be carried out?

A A risk assessment should not be overly technical, and should be easy to understand. It is simply a careful examination of what aspects of work could cause harm to people, so that an employer can weigh up whether they have taken enough precautions or whether they should do more to prevent harm. The Health and Safety Executive suggests a five-step process (see box, right). In a larger organisation, it is likely that health and safety advisers will be engaged to carry out this process as part of risk management.

Q Is it necessary to carry out a further risk assessment for a pregnant employee?

A Once an employer is notified that an employee is pregnant, it must carry out a separate risk assessment if the work is of a kind that could pose a risk to her health, or that of her baby. The assessment should identify any particular risks or hazards associated with the pregnancy for that individual employee. This will very much depend upon the workplace and the kind of work carried out, but may well include the risks of heavy lifting and carrying, excessive time spent standing up, or for some staff (for example, bar workers and shop staff) the risks of having to deal with unruly customers or the risk of violence.

Q What are the risks of not carrying out a risk assessment?

A It has been established that a failure to carry out a risk assessment may well constitute an act of sex discrimination against the pregnant mother. In Home Farm Trust Ltd v Nnachi, Mrs Nnachi had notified her employer of her pregnancy on 9 May 2005. On 22 May 2005, a risk assessment meeting took place. An employment tribunal was critical of the employer for the delay in carrying out the assessment. The employer explained that the delay was caused by a manager being absent. However, the employer could not explain why another manager could not have carried out the assessment.

The tribunal found that Nnachi, a care worker, was working in conditions which could, by reason of her pregnancy, pose risks to herself and her baby. In particular her work as a care worker posed risks of physical aggression, lifting and carrying, and stressful situations. In that case, there was a finding of sex discrimination against the employer, which was upheld on appeal. The employer also tried to argue, on appeal, that a generic checklist of all hazards should have been considered to be a proper risk assessment. But the Employment Appeal Tribunal disagreed.


By Lee Jefcott, partner, Blue Sky Law

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Five-step risk assessment process



  1. Identify the hazards
  2. Decide who might be harmed and how
  3. Evaluate the risks and decide on precautions
  4. Record your findings and implement them
  5. Review your assessment and update if necessary

Source: Health and Safety Executive

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
CV-Library to power technology website
next post
Extending notice periods

You may also like

Fire and rehire: the relocation question

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+