Pregnancy
In Great Britain, around 440,000 women each
year continue to work during their pregnancy and approximately
two-thirds return to work soon after giving birth. Almost half of
these women experience some form of disadvantage at work because
they are pregnant or take maternity leave.
Legal background
Risk assessment
Education for employees
Education for employers
Getting more help
Pregnancy is not an illness. Therefore, women should not
be signed off sick simply because they are pregnant. Instead,
they should be offered a change in working conditions or suitable
alternative work. Employers have a legal and moral duty to protect
women of childbearing age from hazards and risks in the
workplace.
In workplaces, some risks can affect the health and safety of new
and expectant mothers and that of their child. Working conditions
which are usually considered to be acceptable may no longer be
suitable during pregnancy and/or for breastfeeding.
Legal background
The Health and
Safety at Work etc Act 1974 requires employers to secure the
health (including mental health), safety and welfare of employees
at work. This includes providing a safe place of work, safe systems
of work, and information and training.
The
Management of Health and Safety at Work Regulations 1999 (as
amended) require suitable and sufficient assessments of health
and safety risks at work to be carried out – this includes
employers protecting the health and safety of new and expectant
mothers from work related ill health.
The
Workplace (Health, Safety and Welfare) Regulations 1992 require
employers to provide adequate welfare facilities for new or
expectant mothers. The Equality Act
2010 also provides legal defence against discrimination on the
grounds of pregnancy.
Risk assessment
The law places duties on the employers to assess risks posed to
new or expectant mothers and, where necessary, to take action to
safeguard their health and safety, including health
surveillance, if appropriate. This could be achieved by carrying
out a comprehensive risk assessment.
Employers must:
• identify all the possible hazards
• make sure that exposure to hazards is adequately
controlled
• put in place appropriate control measures which are properly
maintained
• monitor exposure in the workplace and carry out health
surveillance, if required
• provide information, instruction and training to new or
expectant mothers.
Education for employees
Leaflets and information
• A guide for new and
expectant mothers who work – produced by the Health and Safety
Executive
• Pregnancy
and work: what you need to know as an employee – a guide
from the Department for Business, Enterprise and Regulatory
Reform
• A fact sheet from Sheffield Occupational Health Advisory
Service on the hazards
which may affect the health and safety of new or expectant
mothers
• Flexible working for
parents and carers – a guide from TUC’s workSMART
• A guide on
ergonomics and pregnancy from the Occupational Health Clinics
for Ontario Workers Inc.
• Pregnancy
and maternity at work - a guide to employees’ rights in their
workplace from the Equality and Human Rights Commission
• Physical
and shift work in pregnancy: Occupational aspects of management
– an evidence based guidance for employees from Royal College of
Physicians
• Working safely with
ionising radiation: guidelines for expectant or breastfeeding
mothers –a leaflet for women who are thinking of having a baby
or already pregnant or breastfeeding, providing advice on the risks
associated with exposure to ionising radiation in the
workplace
• Equality
Act 2010: guidance for employees from the Equality and
Human Rights Commission
Web links
• Pregnant
employees' rights –detailed information for pregnant workers
from GOV.UK
• Maternity
entitlements and responsibilities - a guide for employees from
the Department for Business, Innovation and Skills
• New and expectant mothers – answers to frequently
asked questions from the HSE
• Information on
Maternity leave from GOV.UK
• Maternity pay
entitlement tool from GOV.UK
• Paternity leave –
information from GOV.UK
• The
pregnancy care planner - NHS guide to having a baby
• Maternity
rights – information from the Advisory, Conciliation and
Arbitration Service (ACAS)
• Answers
to FAQs on postnatal depression from Mind
• Your pregnancy
calendar - facts, advice and tips from Tommy’s on how to make
the most of your pregnancy at every stage
• Your
health and safety in pregnancy - information from the
Baby Centre
• Health
and well-being self check tool from Investors in People
(requires registration)
Education for employers
Leaflets and information
• Pregnancy
and work: what you need to know – a guide for employers from
Department for Business, Enterprise and Regulatory Reform
• New and expectant
mothers - a health and safety guide for health professionals
from the HSE
• Health and
safety at work for pregnant women and new mothers - information
for employers from Sheffield Occupational Health Advisory
Service
• An example
risk assessment checksheet from Sheffield Occupational
Health Advisory Service
• Physical
and shift work in pregnancy: Occupational aspects of management
– an evidence based guidance for employers from Royal College of
Physicians
• HSE’s Good health is good business:
employers’ guide
• A factsheet Including
gender issues in risk assessments from the European Agency for
Safety and Health at Work
• Managing sickness absence
and return to work in small businesses - advice from the
HSE
• Health at work - an
independent review of sickness absence from the Department for
Work and Pension
• Managing
attendance and employee turnover advice from ACAS
• Equality
Act 2010 – a guide for employers from EHRC
Web links
• Maternity
rights - a guide for employers from the Department for
Business, Innovation and Skills
• Health
and safety before a pregnancy – advice and guidance for
employers from the Equality and Human Rights Commission
• Statutory
maternity pay and leave – a step-by-step guide for employers
from GOV.UK
• Answers
to FAQs on maternity, paternity and adoption leave and pay from
CIPD
• Health
and safety during pregnancy and after the birth – advice and
guidance for employers from the Equality and Human Rights
Commission
• Statement of fitness for work -
fit note from Department for Work and Pension
• Case
study on pregnancy at work from Advisory, Conciliation and
Arbitration Service (ACAS)
Getting more help
The organisations listed below offer help and advice.
• Health for Work Adviceline is
a free service to help you quickly and effectively address the
issue of employee ill health, minimise the impact of staff illness,
and provide essential support to staff with physical or mental
health issues
• Health and Safety
Executive provides access to workplace health and safety
information, guidance and expert advice
• The
Equality and Human Rights Commission acts as a source of
information and advice and tackles discrimination at various
levels
• Workplace Health is
a free, no obligation service set up in partnership with the Health
and Safety Executive that provides practical advice on workplace
health and safety
• Department for Business, Innovation and
Skills provides information about maternity and paternity leave
and pay
• GOV.UK
provides information on pregnancy and maternity rights
• The Family and Parenting
Institute supports families in order to make society more
family-friendly and promote wellbeing at work
• The Fatherhood Institute
– provides information for working fathers about current
legislation, wellbeing and work life balance
• Maternity Action has
information sheets for mothers and fathers on their rights at
work
• Tommy's promotes the health and
wellbeing of working mothers
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Non work-related conditions