When you tell your employer you’re pregnant, one of the first things they should do is carry out a pregnancy risk assessment. But what exactly is this? Why is it so important? And what should you do if your employer doesn’t seem to know what you’re talking about?
A pregnancy risk assessment is basically your employer checking whether anything at your workplace could harm you or your baby during pregnancy. It sounds simple enough, but you’d be surprised how many employers either don’t do it properly or don’t do it at all.
This is a big deal because your health and your baby’s health could be at risk. Plus, if your employer doesn’t carry out a proper risk assessment, they could be breaking the law – and you could have grounds for a legal claim.
What Is a Pregnancy Risk Assessment?
A pregnancy risk assessment is a legal requirement that kicks in as soon as you tell your employer in writing that you’re pregnant. It’s a systematic check of your workplace to identify anything that could potentially harm you or your developing baby.
This isn’t just a quick chat with your manager about whether you feel okay. It’s a proper, documented assessment that should look at every aspect of your work environment and duties.
The assessment should consider:
- Physical hazards (like heavy lifting, standing for long periods, or exposure to chemicals)
- Environmental factors (like temperature, noise levels, or air quality)
- Your specific job duties and how pregnancy might affect your ability to do them safely
- Any equipment you use and whether it’s safe during pregnancy
- Your working hours and break patterns
- Stress levels and workload
You can find more information about workplace health and safety during pregnancy on gov.uk.
Why A Pregnancy Risk Assessment Matters
You might be thinking “I feel fine, so why do I need a special assessment?” But pregnancy risk assessments are important for several reasons:
Your body is changing: Even if you feel great now, pregnancy affects your body in ways that can make certain work activities riskier. You might become more tired, your balance might change, or you might develop pregnancy-related conditions that affect your ability to work safely.
Protecting your baby: Some workplace hazards that wouldn’t normally affect you could potentially harm your developing baby. This includes exposure to certain chemicals, radiation, or infectious diseases.
Legal protection: If your employer carries out a proper risk assessment and makes appropriate adjustments, it protects both you and them. If something goes wrong and they haven’t done an assessment, they could face serious legal consequences.
Peace of mind: Knowing that your workplace has been properly assessed for pregnancy-related risks can give you confidence that you and your baby are as safe as possible.
When Should the Assessment Happen?
The law is clear about when your employer should carry out a pregnancy risk assessment: as soon as you notify them in writing that you’re pregnant.
This means:
– You need to tell them in writing (an email is fine)
– They should start the assessment process immediately after receiving your notification
– They shouldn’t wait until you’re showing or until later in your pregnancy
– They can’t delay it because you’re still in early pregnancy
What if you told them verbally first?: Many women tell their manager verbally before putting it in writing. That’s fine, but the legal obligation to do a risk assessment only starts when you give written notice. So make sure you follow up your verbal conversation with an email.
What Should Be Included in the Assessment?
A proper pregnancy risk assessment should be thorough and specific to your role and workplace. Here’s what it should cover:
Physical demands of your job: This includes things like:
– Heavy lifting or carrying
– Standing for long periods
– Repetitive movements
– Working at height
– Manual handling tasks
Environmental hazards: Such as:
– Exposure to chemicals or toxic substances
– Radiation exposure
– Extreme temperatures
– Poor air quality
– Excessive noise
– Vibration from machinery
Biological hazards: Including:
– Risk of infection from people or animals
– Exposure to bodily fluids
– Working with vulnerable populations who might carry infectious diseases
Working conditions: Like:
– Long or irregular hours
– Night shifts
– Lack of adequate rest facilities
– Stressful working conditions
– Lone working
The assessment should also consider how these factors might affect you at different stages of pregnancy, as risks can change as your pregnancy progresses.
How to Request a Risk Assessment
If your employer hasn’t automatically started a risk assessment after you notified them of your pregnancy, you’ll need to request one. Here’s how to do it:
Put it in writing: Send an email or letter requesting a pregnancy risk assessment. Reference the fact that you’ve already notified them of your pregnancy and that they have a legal duty to carry out this assessment.
Be specific: Mention that you’re requesting a pregnancy-specific risk assessment under the Management of Health and Safety at Work Regulations 1999.
Set a reasonable deadline: Ask for the assessment to be completed within a specific timeframe, such as two weeks.
Keep records: Save copies of all your communications about the risk assessment.
For a professionally written template that covers all the key points and ensures you make your request in the strongest possible terms, check out our pregnancy risk assessment request templates at motherswhowork.co.uk/mumslegalfriend.
What If Risks Are Identified?
If the risk assessment identifies potential hazards, your employer has a legal duty to take action. They should follow a hierarchy of measures:
1. Remove or reduce the risk: The first option should always be to eliminate or minimise the hazard itself.
2. Adjust your working conditions: If they can’t remove the risk entirely, they should adjust your working conditions. This might include:
– Changing your working hours
– Providing additional rest breaks
– Modifying your workspace
– Providing special equipment
– Reducing your workload
3. Offer suitable alternative work: If they can’t make your current role safe, they should offer you suitable alternative work on the same terms and conditions as your original contract.
4. Suspend you on full pay: If there’s no suitable alternative work available, they should suspend you on full pay for as long as necessary to avoid the risk.
What they can’t do: Your employer cannot:
– Force you to take sick leave
– Reduce your pay (unless you agree to reduced hours)
– Dismiss you because of pregnancy-related health and safety concerns
– Ignore the risks and hope for the best
What If Your Employer Refuses to Do an Assessment?
Unfortunately, some employers either don’t know about their legal obligations or choose to ignore them. If your employer refuses to carry out a pregnancy risk assessment, here’s what you can do:
Remind them of their legal duty: Send another written request, clearly stating that pregnancy risk assessments are a legal requirement under the Management of Health and Safety at Work Regulations 1999.
Escalate within the company: If your immediate manager isn’t taking action, escalate to HR or senior management.
Contact your trade union: If you’re a union member, your representative can help put pressure on your employer.
Get external support: Contact ACAS for free advice on gov.uk. They can sometimes help facilitate discussions with your employer.
Consider a grievance: Use your employer’s formal grievance procedure to complain about their failure to carry out the assessment.
Contact the Health and Safety Executive (HSE): You can report health and safety concerns to the HSE, who have the power to investigate and take enforcement action.
Professional Support and Templates
Getting the risk assessment process right from the start can save a lot of problems later on. Having professional, well-written documentation shows your employer that you understand your rights and expect them to meet their legal obligations.
Our legal document generator at motherswhowork.co.uk/mumslegalfriend includes comprehensive templates for every stage of the risk assessment process:
Pregnancy Risk Assessment Request Letters: Professionally written templates that clearly explain your employer’s legal obligations and request a comprehensive assessment. These templates ensure you cover all the key points and create a proper paper trail.
Follow-up Letters: If your employer is slow to respond or doesn’t carry out a proper assessment, our follow-up templates help you escalate the issue effectively while maintaining a professional tone.
Reasonable Adjustments Request Forms: Templates to help you request specific adjustments based on the findings of your risk assessment. These ensure you present your needs clearly and reference the relevant legal requirements.
Grievance Letters: If your employer fails to meet their obligations, our grievance templates help you raise a formal complaint that covers all the necessary legal points.
Each template comes with detailed guidance notes explaining exactly when and how to use it, what information to include, and how to adapt it to your specific situation.
Your Next Steps
If you’re pregnant and haven’t had a risk assessment yet, here’s what you should do:
1. Make sure you’ve notified your employer in writing that you’re pregnant.
2. Request a pregnancy risk assessment if one hasn’t been started automatically.
3. Be actively involved in the assessment process and raise any concerns you have.
4. Keep detailed records of all communications and any issues that arise.
5. Follow up if your employer is slow to act or doesn’t implement recommendations.
6. Get support if you’re having problems – from ACAS, your trade union, or legal advisors.
7. Use professional templates to ensure your communications are clear and legally compliant.
8. Know your rights and don’t be afraid to enforce them if necessary.
Remember, pregnancy risk assessments aren’t just bureaucratic box-ticking exercises – they’re about protecting you and your baby’s health and safety. You have every right to expect your employer to take this seriously and meet their legal obligations.
If your employer is being difficult about carrying out a proper assessment or implementing the recommendations, don’t suffer in silence. Get support, use the professional templates available at motherswhowork.co.uk/mumslegalfriend, and make sure you get the protection you’re entitled to.
This guide provides general information about pregnancy risk assessments in the UK and should not be considered specific legal advice. For advice about your particular situation, consult a qualified employment solicitor. For professional legal document templates and comprehensive guidance on workplace health and safety during pregnancy, visit motherswhowork.co.uk/mumslegalfriend.
