Pregnancy + lactation at work
Three legal instruments interact. MHSWR triggers an employer risk assessment when notified. Equality Act 2010 makes pregnancy a protected characteristic (direct discrimination, no comparator needed). Employment Rights Act covers leave, antenatal time off, and paid suspension (s.66-68).
Health & safety
MHSWR 1999
Management of H&S at Work Regulations 1999 (MHSWR) reg 16-18
Discrimination
Equality Act 2010
Equality Act 2010 (pregnancy + maternity protected characteristic)
Leave & pay
Employment Rights Act 1996
Employment Rights Act 1996 (statutory maternity leave 52 weeks, statutory maternity pay)
Employer duties (MHSWR reg 16-18)
Triggered when the employer is notified in writing of pregnancy, breastfeeding or being within 6 months post-birth.
- 1
Risk assessment when notified of pregnancy / breastfeeding / 6 months post-birth
- 2
Identify hazards: physical agents (manual handling, noise, vibration, ionising radiation, extreme temperature), biological (rubella, varicella, parvovirus, CMV, toxoplasma, hepatitis), chemical (lead/CLAW strict, mercury, CMR agents, anaesthetic gases), ergonomic (prolonged standing, posture)
- 3
If significant risk: alter conditions/hours OR offer suitable alternative work OR suspend on full pay (Employment Rights Act s.66-68)
- 4
Provide rest facilities for breastfeeding
Higher-risk exposures — UK specifics
Stricter than general workforce limits. Cross-reference with CLAW (lead), IRR17 (ionising radiation) and CMR substances catalogue.
- ▸ Lead (CLAW — women of reproductive capacity strictest)
- ▸ Ionising radiation (declared dose limit 1 mSv to abdomen during remainder of pregnancy)
- ▸ Anaesthetic gases (operating theatre)
- ▸ CMR substances (carcinogens/mutagens/reproductive toxicants)
- ▸ Manual handling > certain thresholds
- ▸ Night work (medical certificate route to day work)
Antenatal care
Paid time off for antenatal care (employee right) — first appointment + reasonable subsequent
Discrimination protection
Equality Act 2010: pregnancy + maternity discrimination = direct discrimination (no comparator needed); protected period from start of pregnancy to end of statutory maternity leave (or 2 weeks if not entitled).
Vaccines in pregnancy
UK immunisation schedule →Pertussis (Tdap/Adacel from 16 weeks) + RSV (Abrysvo from 28 weeks) + influenza any stage — Green Book (sprint1)
UK ↔ US difference
UK = MHSWR risk-assessment duty + Equality Act protected characteristic + statutory maternity leave/pay + Employment Rights suspension. NO direct PWFA equivalent — pregnancy is a protected characteristic so discrimination is unlawful, AND employer must risk-assess + offer alternative/suspend. Ionising radiation 1 mSv to abdomen limit. Statutory ML 52 weeks (vs US 12 weeks unpaid FMLA).
Under the physician's clinical judgement
- Risk assessment is the employer's statutory duty — OH advises on hazards and adjustments.
- Worker informs in writing; until then, generalised duties apply. OH supports the worker's autonomy on disclosure timing.
- Where adjustment / alternative work is unsafe or impossible, suspension on full pay (s.66-68 ERA) is the protective endpoint — NOT dismissal.
- Pregnancy/maternity discrimination needs no comparator (Equality Act): unfavourable treatment because of pregnancy is direct discrimination.