How to support pregnant employees

This obligation extends to all employees, including part-time and to self-employed contractors. 

Who counts as a new or expectant mother?

A new or expectant mother is someone who: 

  • is pregnant, or 
  • has given birth in the last 6 months, or 
  • is currently breastfeeding. 

Notification of pregnancy

An employee should tell you they are pregnant in writing as soon as they feel comfortable. This often happens around the twelve-week mark. You don’t have to take any action until they: 

  • have notified you they are pregnant;
  • have given birth within the last 6 months;
  • are breastfeeding.

You can ask for a medical certificate from their doctor, midwife or other medical professional confirming the pregnancy. 

Once you’ve received notification of pregnancy, you should immediately review any existing risk assessment for new risks that might affect them, given the change in circumstances. You should take into account any medical recommendations from their GP or midwife, then update the risk assessment as necessary. 

From an HR perspective, an employee should tell you they are pregnant at least 15 weeks before their due date so they can qualify for maternity leave and pay. 

Risk assessment

You have a legal duty to assess risks and, where reasonably practicable, implement measures to ensure the employee’s health, safety and welfare at work. This means you must: 

  • assess the risks to new and expectant mothers, and
  • ensure their safety and the safety of their unborn child.

An individual risk assessment must be carried out for new and expectant mothers. The general risk assessment can’t be applied here.  

You should involve the employee in the risk assessment process and let them know the findings. As the pregnancy progresses, the risk assessment should be reviewed to determine whether further adjustments are needed. 

Factors to be taken into account when completing a risk assessment include: 

  • biological and chemical agents, radiation and other hazardous substances
  • noise in the workplace
  • whether the employee does any manual handling or working from height
  • whether the employee works shifts, at night or alone
  • the employee’s workstation set-up
  • hot and cold environments
  • COVID-19
  • the possibility that the employee may experience increased fatigue or  other pregnancy-related symptoms
  • any medical advice from the employee’s GP, midwife or other health professional

This list is not exhaustive. The risks will vary from employee to employee and from workplace to workplace.  

Reducing risks

If the assessment identifies any risks to the pregnant employee, you should take the following steps: 

  1. Remove the risk

You should first try and eliminate any risks from the employee’s day-to-day work; for example, changing the employee’s desk location so they are in a more consistent temperature, or adjusting their workstation so it is more comfortable. 

If you can’t remove the risk, move on to the next step. 

  1. Change the employee’s working conditions/hours

You may need to temporarily alter the employee’s working conditions or the hours they work to remove risks to them and their unborn child. 

Changes include: 

  • working from home for some days
  • changing their shift patterns to eliminate night work
  • more flexibility with working hours 
  1. Offer suitable alternative employment

If changing working conditions doesn’t remove risks, you might need to consider another role the employee can do while pregnant. This doesn’t mean creating a wholly new role for them. An alternative role can be offered if one exists. The new role should be comparable to the one the employee already does. The employee can’t suffer a detriment to their terms and conditions by taking a suitable alternative role. 

If you don’t offer a new or expectant mother suitable alternative work before suspending them on maternity grounds, they can make a complaint to an employment tribunal. 

  1. Medical suspension

If a suitable alternative role is not available, you can suspend a pregnant employee on medical grounds. This must be for as short a period as possible.  

The employee must be paid their full salary during suspension for up to 26 weeks, unless they has unreasonably refused an offer of suitable alternative work. 

However, there is no statutory requirement for contractual benefits, apart from pay, to continue during maternity suspension. 

Any period of suspension for maternity-related reasons counts towards the employee’s period of continuous service. 

Remember, it is automatically unfair to dismiss a woman because of a requirement to suspend her on health and safety grounds.

If the employee is no longer pregnant

You don’t need to keep an employee on amended working conditions/hours, or on medical suspension if: 

  • you know that the employee is no longer pregnant, or
  • if you cannot establish that they remain pregnant.

Breastfeeding at work

You must provide a suitable hygienic and private area for pregnant employees to breastfeed or express milk. This may include: 

  • somewhere to rest if necessary;
  • somewhere to store their milk, such as a fridge

It is not appropriate for them to use the toilets. There is no legal  requirement for you to provide breastfeeding breaks at work. However, you must meet your requirements for employees who breastfeed under the following laws: 

  • Health and safety
  • Flexible working
  • Discrimination

It is best practice to consider (reasonably and objectively) the likely effect of breastfeeding breaks against the overall effect on the business. If it can be shown that consideration has not been given, this could lead to the employee bringing a claim of sex discrimination to an employment tribunal.  

Remember, an employee can’t be treated unfairly because they are breastfeeding as this could also lead to a sex discrimination claim. 

If, after consideration, it’s felt that separate breastfeeding breaks can’t be offered, then to minimise disruption: 

  • the employee’s other breaks, such as their mid-morning or lunch break, could be extended
  • the employee could leave a little earlier in the day

Before an employee returns to work from maternity leave, you should agree what arrangements will be in place if they breastfeed. 

Takeaway points: 

  • Conduct specific risk assessments for all workers who are either pregnant or breastfeeding

– ensure any chemicals used are safe, including cleaning products 

– consider any medical advice they have received 

– think about if the worker is inadvertently exposed to any work processes that could be harmful 

– consider mental stress 

  • Put additional measures in place, where reasonable, to ensure the safety of the mother and her child
  • Provide extra rest and breaks

The process of conducting a pregnancy risk assessment is more involved than a general risk assessment but it’s important to get it right.  

Our experienced employment lawyers and health and safety advisors can help guide you through the steps you need to take to ensure you are doing all you can for your employee and at the same time, keeping your business safe.