So, you have discovered you are pregnant and you have told your employer of your great news.
Once they have been notified of your pregnancy in writing, your employer is under a continuing duty to protect you as a pregnant employee. This may be done by way of a separate and individual Risk Assessment to identify and eliminate any health and safety risks in your pregnancy that may affect you during your pregnancy. It is also best practice for your employer to hold regular review meetings with you to review the findings of any Risk Assessment as your pregnancy develops.
Employers' DutiesWhilst there is no general legal duty on your employer to conduct a pregnancy risk assessment, their obligation will be triggered in the event that your work is of a kind which could involve risks of harm and/or danger to you or your unborn baby. Such risks may arise from either processes in your working conditions, such as insufficient staff resources, heavy lifting, arduous manual tasks or excessive travelling requirements; and/or physical, biological or chemical agents which you may be exposed to in your workplace. Your employer will also not be under any obligation to conduct any such risk assessment until you have provided notification of your pregnancy in writing. A reasonable employer should not delay in undertaking a Risk Assessment where they are obliged to do so.
Whilst you are under no obligation to formally notify an employer of your pregnancy until the 25th week of your pregnancy, it is advisable to inform your employer sooner, particularly where you may be exposed to work of a kind which could involve a risk of harm and danger to you or your unborn child.
If your employer fails to carry out a Risk Assessment where they are obliged to do so, you may be able to bring a claim for sex discrimination in the Employment Tribunal.
Babylaw is a niche employment law practice specialising in providing advice to those who are suffering from disadvantage at work resulting from their pregnancy and/or child birth. We can assist you if you are having difficulties at work whether it be because of your pregnancy or returning to work following a period of maternity leave. We work exclusively for employees, offering a confidential and personal service. Further information can be viewed at www.babylaw.co.uk.
Information on this article does not constitute legal advice.
Written by Jo Robson, Founder and Principal Solicitor of Babylaw Solicitors
16th July 2010 | 
Pregnancy Advice London
