Pregnancy and Work

If you have come in from an outside link, you may want to go to the homepage after reading this page. I have created this page to assist pregnant employees, who want to now their employment rights whilst pregnant at work.

Pregnancy And Risk Assessments

Day v Pickles Farms Ltd [1999] IRLR 217
Employers must pay attention to the obligation to carry out health and safety risk assessments in respect of young women of child bearing age, [and] not just those, who are pregnant.

O’Neill v Buckinghamshire County Court – [2010] All ER (D) 19 (Jan)
The Employment Appeal Tribunal held that there will be no automatic right for new and expectant mothers to be risk assessed in their workplaces, unless the employee can ‘demonstrate’ that their work poses a “risk of harm” to their (or unborn child/s) “health and safety”. The “nature and extent” of the expectant mother’s work, ought to be taken into consideration, insofar that she is not subjected to a “detriment” which could give rise to her making a claim in the Tribunal. See: workplace stress

Madarassy v Nomura International Plc [2007] EWCA Civ 33, [2007] All ER (D) 226 (Jan)
The EAT and the Court of Appeal qualified this by holding that no duty arises under regulation 16 of the (MHSWR 1999) unless it is established ‘in evidence’ that there is a potential risk of “danger” to health and safety in the specific working conditions.

Collins v First Quench Retailing Ltd, 31 January 2003,Court of Session, [2003] GWD126
Mrs Collins successfully sued her employer (off licence) for £179,000 on the basis that her employer was at fault for failing to provide her with adequate protection from an attack under Regulation 3 of the Management of Health and Safety at Work Regulations 1999, whereas employers are required to carry out risk assessments of hazards in the workplace.

Employers Duty of Care

Statutory Law:

The Management of Health and Safety at Work Regulations 1999 (MHSWR 1999)

R.3(1)(a) “Every employer shall make a suitable and sufficient assessment of – the risks to the health and safety of his employees to which they are exposed whilst they are at work.”

R. 5(1) “Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.”(Enshrined in the HSE Management Standards”)

R.6 “Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.”

R.10(1) “Every employer shall provide his employees with comprehensible and relevant information on – (a) the ‘risks’ to ‘their health and safety’ ‘identified’ by the ‘assessment’.”

The Health and Safety at Work Act 1974 (HSAWA 1974):

S.1 “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

S.2(c) “The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.”

S.2(e) “The provision and ‘maintenance’ of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.”

S.7 “It shall be the duty of every employee while at work – (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.”

Grievance Letter Template Aid can be purchased for £12.00 should you be considering entering the grievance procedure due to sex discriminationThis “. encompasses legal terminology to place the burden on your employer to {act reasonably} to remedy the [breach] of “duty of care