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Pregnancy risk assessments are triggered by potential for harm

This report relates to 1 case(s)

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    O'Neill v Buckinghamshire County Council [2010] IRLR 384 EAT (1 other report)

    • O'Neill v Buckinghamshire County Council

      Date:
      12 January 2010

      The Employment Appeal Tribunal has upheld an employment tribunal finding that the employer had not failed to carry out a risk assessment on the basis that the requirement to carry out an assessment did not apply to the employee's work. There is no general obligation to carry out a risk assessment on pregnant employees so that a failure to do so amounts to discrimination per se. The obligation to carry out a risk assessment is triggered only in certain circumstances.

A recent appeal judgment clarifies when an employer should assess the risks for a pregnant worker, reports Howard Fidderman.