Pregnant Workers

This section covers work where certain hazards in the workplace may affect the health and safety of new and expectant mothers and their children.

A copy of the University's Pay Procedure and Guidelines for Staff is available from Human Resources or can be downloaded here.

Regulation 25 of the Workplace Health Safety and Welfare Regulations require suitable facilities to be provided for any person at work who is a pregnant woman or nursing mother to rest.  Facilities for pregnant women and nursing mothers to rest should be conveniently situated in relation to sanitary facilities and where necessary include the facility to lie down.

In addition to this entitlement Regulations 16, 17 and 18 of The Management of Health and Safety at Work  Regulations provide other entitlements.  In  particular risk assessments in respect of new or expectant mothers should be carried out where the persons working in the University include women of child bearing age and the work is of a kind which could involve risk by reason of her condition to the health and safety of a new or expectant mother or to that of her baby from any processes or working conditions or physical, biological or chemical agents, including those specified in Annexes 1 and 2 of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding.  Where any action the employer may be required to take is insufficient in the light of a risk assessment the employer may be required to alter working conditions or hours of work.

Where a new or expectant mother works at night and a certificate from a registered practitioner or registered midwife shows that it is necessary for her health and safety that she should not be at work for any period of such work identified in the certificate the University will be required to suspend her from work for so long as is necessary for her health and safety.

Lastly, the University is not obliged to carry out any action in relation to the above until the pregnant employee has notified the University in writing that she is pregnant, has given birth within the previous six months or is breastfeeding.

Once the University has been informed in writing that an employee is a new or expectant mother, the University needs to put into place the steps described above immediately.  The University may request confirmation of the pregnancy by means of a certificate from a registered medical practitioner or registered midwife in writing.  If the certificate has not been produced within a reasonable period of time, the University is not bound to maintain changes to working hours or to conditions or to maintain paid leave.  A reasonable period of time will allow for all necessary medical examinations and tests to be completed.

Where the risk assessment identifies risks to new and expectant mothers and these risks cannot be avoided by the preventative and protective measures taken by the University, the University will be required to:

  • alter her working conditions or hours or work if it is reasonable to do so and would avoid the risks, or if these conditions cannot be met;
  • identify and offer her suitable alternative work if that it available, and if that is not feasible;
  • suspend her from work.  The Employment Rights Act 1996 requires that the suspension should be on full pay.  Employment rights are enforced through the employment tribunals.

The University must take account of women of child bearing age when carrying out risk assessments and identify the preventative and protective measures that are required.  The additional steps of altering working conditions or hours of work, offering suitable alternative work or suspension as outlined above may be taken once an employee has given her employer notice in writing that she is pregnant, has given birth within the last six months or is breastfeeding.  If the employee continues to breastfeed for more than six months after the birth she should ensure the employer is informed of this, so that appropriate measures can continue to be taken.  Employers need to ensure that those workers who are breastfeeding are not exposed to risks that could damage their health and safety as long as they breastfeed.  If the employee informs the University that she is pregnant for the purpose of any other statutory requirement, such as statutory maternity pay, this will be sufficient for the purposes of these Regulations.

Aspects which risk assessment might need to take account of may be:

  • Physical agents such as shock, vibration or other movements; manual handling of loads; noise; ionising and non-ionising radiation; temperature extremes; postures and movements that cause mental and/or physical fatigue; hyperbaric (high pressure) atmospheres
  • biological agents such as bacteria, viruses and other micro-organisms known to cause adverse human health effects, especially those known to cause abortion or physical/neurological damage
  • chemical agents such as mercury, lead, substances absorbed through the skin, cytotoxic drugs, carbon dioxide and chemicals labelled with the following risk phrases:
    • possible risk of irreversible effects
    • may cause cancer
    • may cause heritable genetic damage
    • may cause harm to the unborn child
    • possible risk of harm to unborn child
    • may cause harm to breast fed babies.

Useful Links

HSE website for New and Expectant Mothers

Keele University Pregnancy Risk Assessment Form