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Risk Assessments for pregnant workers
The recent case of O'Neill v Buckinghamshire County Council confirms that there is no general obligation on employers to carry out a risk assessment for pregnant workers. An obligation to carry out a risk assessment for pregnant workers will however be triggered where:
- the worker provides written notification to the employer that she is pregnant;
- the work is of a kind which could involve a risk of harm or danger to the health and safety of the expectant mother or to her baby;
- the risk of harm or danger arises from either processes or working conditions or physical, biological or chemical agents in the workplace.
Whilst an employer must provide the pregnant worker with comprehensive and relevant information on the identified risks to her health and safety, there is no obligation to actually meet with the pregnant worker before the obligation to carry out a risk assessment is satisfied. Although this is the strict legal position, best practice would be to have a meeting with the pregnant worker where practicable.
The Employment Appeal Tribunal’s decision also tends to support the view that if the above preconditions are met and an employer fails to carry out the requisite risk assessment this will in itself amount to unlawful sex discrimination i.e. without the need for the pregnant worker to prove that she has suffered any detriment.
The case highlights the importance of employers carrying out risk assessments where the above preconditions have been met.
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