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Chris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Should my employer undertake a risk assessment for me if I am pregnant?”

All employers have an obligation under the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) /(“the Regulations”) to assess the risks of a workplace and make adjustments to working conditions or hours of work to ensure that any significant risk to new or expectant mothers is avoided (Regulation 16 of the Regulations). The risk assessment must be “suitable” and “sufficient” and must investigate the risks that the employee is exposed to as a result of their employment (Regulation 3).

If an employer fails to carry out a risk assessment as required by Regulation 16 then the employer may have committed an act of unlawful pregnancy and maternity discrimination (under section 18 of the Equality Act 2010).

In the case of Queen Victoria Seamen’s Rest Ltd (QVSR) v Ward UKEAT/0465/08 (analysed in this post) the Employment Appeal Tribunal upheld a Tribunal’s findings that the employer’s course of conduct (including a failure to undertake a risk assessment) amounted to unlawful pregnancy and maternity discrimination.

Note: that in order for Regulations 3 and 16 to apply, the pregnant employee must notify the employer in writing that she is pregnant, has given birth in the last six months, or is breastfeeding. The pregnant employee must also, if requested by her employer, provide to the employer a doctor’s or midwife’s certificate showing she is pregnant.

Chris Hadrill, a specialist employment solicitor at Redmans, commented: “Employers have an obligation to undertake a risk assessment for all employees but they also have an obligation, in relevant circumstances, to undertake specific risk assessments in respect of new or expectant mothers – employers should be aware that, should they fail to undertake such an assessment for new or expectant mothers, they could potentially open themselves up to a claim for discrimination.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

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Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 1 month ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 1 month ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 1 month ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 1 month ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 2 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 2 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 2 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 2 months ago

Anonymous

Excellent work delivered with great quality

Posted 2 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 2 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 2 months ago

Anonymous

Resolved my issues

Posted 2 months ago

Keith

Quick fast professional service.

Posted 2 months ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 2 months ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago