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Legal Rights of New or Expectant Mothers

Every year, of the 1500 potential tribunal cases involving pregnancy- or maternity- related discrimination, over 90% involve some breach of health & safety legislation. Working conditions that are acceptable for the majority of the workforce may not be suitable for pregnant or breast- feeding women.

Employers must undertake a risk assessment to take account of the special position of new and expectant mothers. Risks from exposure to processes, working conditions or physical, chemical or biological agents which may adversely affect the health & safety of the worker or their baby must be assessed.

The assessment should be carried out for specific workers bearing in mind their physical and mental conditions at the time of each assessment. Assessments may need to be repeated over the course of a pregnancy as the employee’s circumstances change.

Where risks cannot be avoided, employers may need to alter working conditions or hours of work and in certain circumstances may mean suspending the woman from work. Night work needs special consideration.

Employers must provide suitable facilities in the workplace for pregnant or breast- feeding workers. These facilities could include an area to lie down or rest.

Gauntlet Health & Safety Ltd can assist employers in carrying out risk assessments and advise on a programme of reviews during pregnancy and after a return to work. We can also provide advice on employment law issues relating to New & Expectant Mothers.

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