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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

4.78 Average

138 Reviews

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 2 days ago

Rory Y

They provide me with timely and clear advice!

Posted 2 days ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 2 days ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 2 days ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 2 days ago

Dino D

I did get a very swift and god service from Redmans

Posted 2 days ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 week ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 1 month ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 1 month ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 1 month ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 1 month ago

Djaouida T

You have good communication.

Posted 1 month ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 1 month ago

Anonymous

Very professional service.

Posted 1 month ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 9 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 10 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 10 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 11 months ago

Anonymous

Easy to get hold of. Quick.

Posted 11 months ago

Owen J

Very helpful, efficient service.

Posted 11 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 11 months ago