Every employer is under a duty to make a suitable and sufficient assessment of the risks to health and safety to which its employees are exposed to while at work. Where the following preconditions are met; an employer is under a duty to conduct a risk assessment in respect of a pregnant employee:
- the employee notifies the employer in writing that she is pregnant;
- the work is of a kind which could involve a risk of harm or danger to the health and safety of the expectant mother or her baby (proof of detriment is not required); and
- the risk arises from either working conditions, processes or physical, chemical or biological agents in the workplace.
The employer must provide the worker with comprehensive, detailed and relevant information on the identified risks to her health and safety, but does not appear to be required to meet with the pregnant worker in order to comply with the duty.
O'Neill v Buckinghamshire County Council