Risk Assessments and pregnancy
by Emma
This case is an useful reminder of the need for employers to conduct risk assessments where they employ women of child bearing age. Paragraph 34 onwards of the decision outlines the process involved in undertaking a risk assessment in relation to a pregnant employee in an office environment - identifying the risks posed by lifting, bending over etc and then assessing steps to mitigate those risks. The case illustrates the practical steps that need to be taken to meet the legal requirements under health and safety law.
What is noteworthy is that under the snappily titled Management of Health and Safety Regulations 1999 there is a requirement on the employer to make a record of the risk assessment but no requirement to give that record to the pregnant employee. An oral notification is sufficient.
Readers are reminded that if an employer fails to undertake such a risk assessment that failure could constitute sex discrimination and be actionable in the employment tribunal
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