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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. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.76 Average

172 Reviews

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 5 days ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 5 days ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 5 days ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 1 week ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 1 week ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 2 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago

Anonymous

Efficient, timely and friendly support and advice

Posted 2 months ago