Guide

Protect new and expectant mothers at work

Your legal duties under Regulations 16-18 of the Management of Health and Safety at Work Regulations 1999 to assess risks and protect new and expectant mothers. Covers the notification trigger, risk assessment requirements, the action hierarchy for controlling risks, and night work provisions.

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As an employer, you have specific legal duties to protect new and expectant mothers at work. These duties go beyond your general health and safety obligations and require you to take proactive steps once you are notified that an employee is pregnant, has recently given birth, or is breastfeeding.

Failing to comply can result in HSE enforcement action, and may also constitute pregnancy discrimination under the Equality Act 2010 - exposing you to unlimited compensation claims in the employment tribunal.

Who is protected

The regulations protect three groups of workers:

  • Pregnant employees - from the point you are notified in writing
  • Employees who have given birth within the previous 6 months - including those returning from maternity leave
  • Breastfeeding employees - for as long as they continue to breastfeed

The term "new or expectant mother" in the regulations covers all three groups.

The notification trigger

Your specific duties under Regulations 16-18 are triggered when an employee notifies you in writing that she:

  • is pregnant
  • has given birth within the previous 6 months, or
  • is breastfeeding

You cannot require medical evidence. The 2003 amendment to these regulations removed any requirement for a medical certificate or other proof. A simple written statement from the employee is sufficient to trigger your duties.

However, you can ask for confirmation of the pregnancy in writing if the employee initially tells you verbally. Once you receive written confirmation, your duties begin immediately.

Before notification: generic risk assessment

If women of childbearing age work in your business and could be exposed to risks from their work that might affect a new or expectant mother or her baby, you must include these risks in your general workplace risk assessment. This applies even if no employee has notified you of pregnancy.

This generic assessment should identify:

  • Which roles involve hazards that could affect pregnancy or breastfeeding
  • What control measures are already in place
  • What additional measures might be needed when an employee notifies you

Having this assessment ready means you can respond quickly when notification is received.

After notification: individual risk assessment

Once you receive written notification, you must conduct a specific individual risk assessment for that employee. This is not optional - it is a legal requirement.

The individual assessment must consider:

  • The specific hazards in her role and workplace
  • How her pregnancy (or recent birth, or breastfeeding) affects the risks
  • How the risks may change as pregnancy progresses
  • Any health conditions affecting the pregnancy

You should involve the employee in the assessment. She knows her own health situation and may have information from her midwife or GP that is relevant.

Specific risks to assess

HSE guidance identifies workplace hazards that may particularly affect new and expectant mothers:

Physical hazards
Manual handling (especially in late pregnancy), prolonged standing or sitting, working at height, whole-body vibration, temperature extremes (hot or cold environments), physical shock or impact
Chemical hazards
Lead, mercury, pesticides, carbon monoxide, cytotoxic drugs, anaesthetic agents, organic solvents - check your COSHH assessments
Biological hazards
Rubella (German measles), chickenpox, hepatitis B, HIV, Toxoplasma (from contact with animals), Listeria, cytomegalovirus
Ionising radiation
Special dose limits apply to pregnant workers under Ionising Radiations Regulations 2017 - dose to foetus must not exceed 1mSv during pregnancy
Work patterns
Night work, shift work, long working hours, work-related stress, travel requirements
Working conditions
Inadequate rest facilities, cramped workstations, no access to food and drink, lone working

The action hierarchy: what you must do if risk is identified

If your risk assessment identifies a risk that cannot be avoided, you must follow a strict hierarchy of protective measures. You cannot skip steps - you must consider each option in order and document why it is not possible before moving to the next.

  1. Step 1: Adjust working conditions or hours

    First, try to temporarily adjust the employee's working conditions or hours of work to avoid the risk. Examples: removing manual handling duties, providing a chair for work normally done standing, adjusting shift patterns to avoid night work, allowing more frequent rest breaks, relocating to a cooler area, removing exposure to hazardous substances. This is the preferred option because the employee continues in her normal role with modifications.

  2. Step 2: Offer suitable alternative work

    If adjusting conditions is not reasonable, or would not avoid the risk, you must offer suitable alternative work on terms and conditions that are no less favourable than her normal role. "Suitable" means appropriate to her skills and experience. "No less favourable" means same pay, same status, and comparable working arrangements. You cannot offer alternative work that pays less or has worse conditions than her normal job.

  3. Step 3: Suspend on full pay

    Only if there is no suitable alternative work available should you suspend the employee from work. Suspension must be on full pay for as long as necessary to protect her health and safety. This is linked to Employment Rights Act 1996 sections 66-68. The employee is entitled to her normal remuneration during suspension - this is not unpaid leave. Suspension should be a last resort, not a first response.

⚠️ Do not skip straight to suspension

A common mistake is to suspend the employee immediately "to be safe" without properly considering adjusted conditions or alternative work. This can constitute pregnancy discrimination under the Equality Act 2010.

You must demonstrate you have genuinely considered and exhausted Steps 1 and 2 before suspending. Document your reasoning at each stage.

Night work provisions (Regulation 17)

Special provisions apply where an employee normally works at night.

If a registered medical practitioner or registered midwife provides a certificate stating that night work would be a risk to the employee's health or safety, you must:

  1. First: Offer her suitable daytime work on terms no less favourable than her normal role
  2. If no suitable day work available: Suspend her on full pay for as long as necessary

The medical certificate triggers this duty. You cannot require the employee to continue night work while awaiting investigation of whether day work is available.

What counts as night work: Work during the period between 11pm and 6am (unless a different period is agreed in a collective or workforce agreement, but it must include midnight to 5am).

Rest facilities

The Workplace (Health, Safety and Welfare) Regulations 1992 require you to provide suitable rest facilities for pregnant employees and breastfeeding mothers.

For pregnant employees, this means:

  • Somewhere to sit or lie down if needed
  • Facilities should be near toilets and allow privacy
  • Easy access - not up multiple flights of stairs

For breastfeeding mothers, this means:

  • A private, hygienic room (not a toilet) where she can express milk
  • Access to a refrigerator for storing expressed milk
  • Time during the working day to express milk (frequency and duration will vary)

The specific facilities needed depend on your workplace and the employee's needs. Discuss arrangements with her.

Reviewing the risk assessment

A risk assessment for a new or expectant mother is not a one-off exercise. You should review it:

  • As pregnancy progresses - risks from manual handling and prolonged standing increase in later pregnancy
  • If health complications arise - conditions like gestational diabetes, pre-eclampsia, or SPD may require additional adjustments
  • When the employee returns from maternity leave - particularly if she is breastfeeding
  • If the role or workplace changes - new equipment, new processes, or changes to working arrangements

Good practice is to review at least once per trimester during pregnancy, and again when the employee confirms her return to work date.

Pregnancy discrimination: the Equality Act 2010 link

Failing to comply with these health and safety requirements may also constitute pregnancy discrimination under the Equality Act 2010. Pregnancy and maternity is a protected characteristic.

Common discrimination risks:

  • Failing to conduct a risk assessment when notified of pregnancy
  • Suspending the employee without genuinely considering adjusted conditions or alternative work
  • Offering alternative work on less favourable terms
  • Treating the employee less favourably because of pregnancy-related sickness
  • Making redundancy decisions influenced by pregnancy
  • Failing to keep the employee informed about workplace developments during maternity leave

Pregnancy discrimination claims have no cap on compensation. The employee can bring both a health and safety claim and a discrimination claim arising from the same facts.

  1. Prepare a generic risk assessment for women of childbearing age

    Identify roles with hazards that could affect pregnancy. Document control measures and plans for when notification is received. Review annually or when work processes change.

  2. Respond promptly when notified

    Acknowledge the notification in writing. Do not require medical evidence. Begin the individual risk assessment process immediately.

  3. Conduct an individual risk assessment

    Assess the specific hazards for that employee in her role. Involve the employee in the assessment. Consider physical, chemical, biological, and working pattern risks.

  4. Apply the action hierarchy

    First, adjust working conditions or hours. If not possible, offer suitable alternative work. Only suspend on full pay as a last resort. Document your reasoning at each step.

  5. Provide appropriate rest facilities

    Ensure the employee has somewhere to rest during the working day. For breastfeeding mothers, provide a private room (not a toilet) and refrigerator access.

  6. Review the assessment regularly

    Revisit at each trimester, if health complications arise, when the employee returns from leave, or if work arrangements change.

  7. Keep records

    Document the risk assessment, control measures implemented, and any decisions about adjusted conditions, alternative work, or suspension. Keep records for at least 3 years.

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.

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