Risk assessments, suspension or removal from work relating to maternity

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Risk assessments, suspension or removal from work relating to maternity
  • General workplace risk assessments
  • Duty to conduct an assessment of general health and safety risks
  • Duty to conduct risk assessment re health and safety issues relevant to women of child-bearing age
  • Conducting general workplace risk assessments
  • Conducting an assessment of general health and safety risks
  • Conducting a general risk assessment of health and safety issues where women of child-bearing age are employed
  • Records and information to employees
  • Individual risk assessments following notification by employee of pregnancy, birth or breastfeeding
  • Altering working conditions or hours
  • More...

Risk assessments, suspension or removal from work relating to maternity

Coronavirus (COVID-19): Issues relating to risk assessments, suspension and removal from work during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—managing the workplace from 19 July 2021—Pregnant workers.

The Pregnant Workers Directive 92/85/EEC (PWD) requires Member States of the EU to implement measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding. The provisions of the PWD that relate to risk assessments and remedial action are implemented into UK law by the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242 and the Employment Rights Act 1996 (ERA 1996).

The relevant provisions of the MHSW Regs 1999 and the ERA 1996 that implement the PWD are retained EU law. For further information on the implications of this, see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law.

This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). Broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part,

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