Guide
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.
When an employee tells you in writing she is pregnant, has recently had a baby, or is breastfeeding, you must do a risk assessment immediately. Check her work for hazards and follow steps to make it safe. If needed, change her work, offer different work, or send her home on full pay.
- Start risk assessment when employee notifies in writing
- Check hazards like chemicals, heavy lifting or long hours
- First try to adjust work conditions
- If not safe, offer different work
- If no safe work, send home on full pay
- Pay full normal wages during suspension
- Night workers need doctor’s note to change shifts
- Provide safe rest areas
- Keep records of all actions
- Penalties apply if you don’t follow rules
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)
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Generic risk assessment for women of childbearing age included in general workplace assessment
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Roles with hazards that could affect pregnancy or breastfeeding have been identified
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Process in place for responding when notification is received
Notification received
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Written notification received from the employee
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No medical certificate or evidence required (removed by 2003 amendment)
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Receipt of notification acknowledged in writing to the employee
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Individual risk assessment process initiated immediately
Individual risk assessment
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Specific individual risk assessment conducted for the employee's role
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Employee involved in the assessment process
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Manual handling demands reviewed
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Chemical and biological exposure reviewed (check COSHH assessments)
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Working patterns reviewed (shifts, night work, long hours)
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Workstation and working environment assessed
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Physical demands reviewed (prolonged standing, sitting, working at height)
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Work-related stress factors considered
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Lone working arrangements reviewed
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Temperature exposure assessed
Action hierarchy (if risk identified)
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Step 1 considered: Can working conditions or hours be adjusted to avoid the risk?
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If Step 1 not possible, Step 2 considered: Is suitable alternative work available on no less favourable terms?
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If Step 2 not possible, Step 3 applied: Suspension on full pay implemented
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Reasoning documented at each step of the hierarchy
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Employee has not been suspended without first considering Steps 1 and 2
Night work (if applicable)
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If employee normally works nights, reviewed whether night work poses a risk
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If medical certificate received stating night work is a risk, suitable day work offered
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If no suitable day work available, suspension on full pay implemented
Facilities and ongoing review
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Suitable rest facilities provided for pregnant employee
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Private room (not a toilet) available for expressing milk (breastfeeding mothers)
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Refrigerator access for storing expressed milk
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Risk assessment reviewed at each trimester or when health circumstances change
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Risk assessment reviewed on return from maternity leave (especially if breastfeeding)
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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.