Q&As

In relation to a pregnant agency worker with less than the 12 weeks’ qualifying period, do the obligations and safeguards in relation to risk assessments, altering working conditions or hours of work, and offering suitable alternative work under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242 apply, or is it only the general health and safety duties under MHSW Regs 1999, regs 3(1) and 16(1) that apply? If the pregnant agency worker’s assignment is terminated because she is pregnant, is her only recourse to argue that this amounts to discrimination under section 18 of the Equality Act 2010?

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Published on LexisPSL on 23/02/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • In relation to a pregnant agency worker with less than the 12 weeks’ qualifying period, do the obligations and safeguards in relation to risk assessments, altering working conditions or hours of work, and offering suitable alternative work under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242 apply, or is it only the general health and safety duties under MHSW Regs 1999, regs 3(1) and 16(1) that apply? If the pregnant agency worker’s assignment is terminated because she is pregnant, is her only recourse to argue that this amounts to discrimination under section 18 of the Equality Act 2010?
  • Risk assessments
  • Potential claims

In relation to a pregnant agency worker with less than the 12 weeks’ qualifying period, do the obligations and safeguards in relation to risk assessments, altering working conditions or hours of work, and offering suitable alternative work under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242 apply, or is it only the general health and safety duties under MHSW Regs 1999, regs 3(1) and 16(1) that apply? If the pregnant agency worker’s assignment is terminated because she is pregnant, is her only recourse to argue that this amounts to discrimination under section 18 of the Equality Act 2010?

Risk assessments

For information on the rights of pregnant agency workers generally, see the section of Practice Note: Rights under the Agency Workers Regulations 2010 entitled: Pregnant workers, new mothers and partners.

Under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, every employer and every self-employed person must assess:

  1. the health and safety risks to which their employees are exposed while they are at work, and

  2. the risks to the health and safety of others (not in the organisation’s employment)

For further information, see Practice Note: Conducting a health and safety risk assessment.

In relation to pregnancy and maternity, MHSW Regs 1999, SI 1999/3242 imposes additional obligations on employers:

  1. generally

  2. in respect of employees only (the term

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