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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

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204 Reviews

Anonymous

Excellent advice and customer service.

Posted 1 month ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 1 month ago

Fern M

Very efficient and friendly

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Neville S

A professional and friendly service, which I would highly recommend.

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Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

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Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

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Rosa B

Fabulous service all round.

Posted 1 month ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago

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Posted 3 months ago

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I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

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They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

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Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

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Posted 3 months ago