Carrying out an individual risk assessment for an employee who is pregnant is a legal obligation in certain circumstances.
Even where the legal obligation doesn’t apply, employers should consider steps that could be taken to protect the health and safety of the employee and their baby, as a matter of good practice.
The top FAQ for February is about when the duty to carry out an individual risk assessment for a pregnant employee applies.
Also in the top 10 is a question looking at how to support employees who will be observing Ramadan, which this year is expected to begin on 22 March. Employers should avoid making assumptions about whether employees would want any special arrangements if they are fasting, but could discuss this on an individual basis.
The annual gender pay gap reporting deadlines are approaching: 30 March for public authority employers and 4 April in the private sector. Where an employee has only worked for part of the year, either because they were a new starter or their employment has terminated, the employer still has to include them in the gender pay gap report. How to do this is the subject of another of the questions in February’s top 10.
The top 10 HR questions in February 2023:
1. Is an employer obliged to carry out an individual risk assessment for all pregnant employees?
2. What can employers do to support employees who are observing Ramadan?
3. If an employee resigns after disciplinary proceedings have started should the employer continue the procedure?
4. When calculating their gender pay gap, how should employers deal with employees who join or leave part way through the pay period?
5. Must employers provide equipment for employees who work from home?
6. Is an employee who is shortly to foster a child entitled to paid time off for this purpose?
7. In a TUPE situation, must the transferee consult the employees who will be transferring to it?
8. If a redundant employee accepts alternative work for a fixed term, what are their rights when that fixed term comes to an end?
9. Must an employer pay commission to an employee on maternity leave where this was earned before they went on leave?
10. Is it permissible to award greater holiday entitlement to employees who have, for example, 10 years’ service?