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Sex discrimination: Failure to carry out risk assessment could have amounted to detriment

This report relates to 1 case(s)

In Day v T Pickles Farms Ltd 4.1.99 EAT 369/98, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975. The employer could also have subjected the woman to such a detriment by failing to alter her working conditions or to suspend her from work after she became pregnant, assuming that a series of sick notes which she supplied to the employer amounted to a written notification that she was pregnant.