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Checklist for protecting new and expectant mothers

Compliance checklist for employers when an employee is pregnant, has recently given birth, or is breastfeeding. Covers the notification process, individual risk assessment, action hierarchy, night work, and rest facilities under MHSWR 1999 Regulations 16-18.

Guide summary

When an employee tells you in writing she is pregnant, has given birth in the last 6 months, or is breastfeeding, you must immediately do a risk assessment. Follow these steps: adjust her work conditions or hours, offer suitable alternative work on the same pay, or suspend her on full pay. You must also provide rest facilities and check for specific risks like manual handling, chemicals, or stress. Failure to protect her could be pregnancy discrimination under the Equality Act.

  • Act immediately on written notification from employee
  • Conduct an individual risk assessment for her role
  • Include the employee in the risk assessment process
  • Adjust working conditions or hours first
  • Offer alternative work on same pay if adjustment not possible
  • Suspend on full pay if no alternative work available
  • Offer day work if night work is certified as a risk
  • Provide suitable rest facilities for pregnant and breastfeeding women
  • Check for hazards: manual handling, chemicals, stress, temperature
  • Document every step to protect yourself and the employee
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Related guides in Compliance & Legal

How to use this checklist

Use this checklist when an employee notifies you that she is pregnant, has given birth within the last 6 months, or is breastfeeding. Work through each section in order. Document your actions at each stage - this protects both the employee and you as the employer.

Time-sensitive: Your duties begin immediately on receipt of written notification. Do not delay the risk assessment.

Preparedness (before notification)

  1. 1

    Generic risk assessment for women of childbearing age included in general workplace assessment

  2. 2

    Roles with hazards that could affect pregnancy or breastfeeding have been identified

  3. 3

    Process in place for responding when notification is received

Notification received

  1. 1

    Written notification received from the employee

  2. 2

    Initial written notification received — no medical certificate is needed at this point, but you may request one and the employee must provide it within a reasonable time

  3. 3

    Receipt of notification acknowledged in writing to the employee

  4. 4

    Individual risk assessment process initiated immediately

Individual risk assessment

  1. 1

    Specific individual risk assessment conducted for the employee's role

  2. 2

    Employee involved in the assessment process

  3. 3

    Manual handling demands reviewed

  4. 4

    Chemical and biological exposure reviewed (check COSHH assessments)

  5. 5

    Working patterns reviewed (shifts, night work, long hours)

  6. 6

    Workstation and working environment assessed

  7. 7

    Physical demands reviewed (prolonged standing, sitting, working at height)

  8. 8

    Work-related stress factors considered

  9. 9

    Lone working arrangements reviewed

  10. 10

    Temperature exposure assessed

Action hierarchy (if risk identified)

  1. 1

    Step 1 considered: Can working conditions or hours be adjusted to avoid the risk?

  2. 2

    If Step 1 not possible, Step 2 considered: Is suitable alternative work available on no less favourable terms?

  3. 3

    If Step 2 not possible, Step 3 applied: Suspension on full pay implemented

  4. 4

    Reasoning documented at each step of the hierarchy

  5. 5

    Employee has not been suspended without first considering Steps 1 and 2

Night work (if applicable)

  1. 1

    If employee normally works nights, reviewed whether night work poses a risk

  2. 2

    If medical certificate received stating night work is a risk, suitable day work offered

  3. 3

    If no suitable day work available, suspension on full pay implemented

Facilities and ongoing review

  1. 1

    Suitable rest facilities provided for pregnant employee

  2. 2

    Private room (not a toilet) available for expressing milk (breastfeeding mothers)

  3. 3

    Refrigerator access for storing expressed milk

  4. 4

    Risk assessment reviewed at each trimester or when health circumstances change

  5. 5

    Risk assessment reviewed on return from maternity leave (especially if breastfeeding)

  6. 6

    Records maintained of all assessments, decisions, and actions taken

Equality Act 2010 risk

Failure to conduct a proper risk assessment or to follow the action hierarchy may also constitute pregnancy discrimination under the Equality Act 2010. Pregnancy discrimination claims have no cap on compensation. Ensure your actions are documented and that you have genuinely considered each step of the hierarchy before moving to the next.

Official guidance and resources