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What protection against unsafe working conditions is there for pregnant workers?
Your employer owes a general duty to all workers to carry out assessments looking for risks to their health and safety. These risk assessments should include consideration of risks to any employees of childbearing age, in particular new and expectant mothers.
Risks could be presented, for example, by working conditions, chemicals or other materials being used, and so on.
Your employer should provide all female workers of childbearing age with comprehensive and relevant information about the risks identified by the assessment, and about the measures taken to protect against those risks.
If you become pregnant, are breastfeeding, or have given birth in the previous six months, your employer should check their workplace risk assessment for new risks, bearing in mind the sort of job you do.
If new risks are identified, your employer should discuss the situation with you and take sensible action to reduce, remove or control them.
The best way to check for risks in connection with pregnancy and maternity is through a specific written risk assessment exercise whenever an employer is notified that a worker is pregnant.
An employer who identifies an avoidable risk to the health and safety of a new or expectant mother, or their unborn child, must change their working hours or working conditions. If this is not reasonable, or if it would not remove the risk, the woman must be suspended on full pay for as long as necessary. This is the woman’s right to a 'maternity suspension'.
The woman is entitled to be paid her full wages unless she has turned down an offer of suitable alternative work.
Your voice as a pregnant woman must be heard clearly throughout this process. It is important that women are not de-skilled unnecessarily, and that you do not have your childcare arrangements disrupted during your pregnancy when the risk does not justify the changes suggested by your employer.
Employers should act sensibly, take appropriate expert medical advice and consult properly with you. Jumping to conclusions based on stereotype about what expectant mothers can and can’t do is likely to amount to sex discrimination. Speak to your rep if you have one where you work.
You are entitled to be paid your full wages unless you have turned down an offer of suitable alternative work.
Agency workers with 12 weeks’ service with the same hirer in the same role also have the right to a maternity suspension.