The Employment Appeal Tribunal (EAT) confirmed in the case of O'Neill v Buckinghamshire County Council, that certain preconditions must be met for an employer to fall under a duty to conduct a risk assessment for a pregnant worker.
It held that there was no general obligation to carry out such assessments in every case and that where it did not apply, it would not automatically amount to sex discrimination.
Risk assessments need only be carried out when the following reconditions are met:
- When an employee has notified the employer in writing that she is pregnant;
- When the employee's work involves a risk of harm or danger to the expectant mother or her baby;
- Where the risk arises from the processes, working arrangements or physical, chemical or biological agents in the workplace.
Contact Healys employment solicitors in London and Brighton for workplace law advice
A number of problems and issues can arise in the workplace. We are experienced specialists in advising upon any of your employment difficulties or concerns.
For advice on all aspects of employment law please call Nicholas Evans in London, direct dial, on 020 7822 4141. He can also be reached by email.
