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Sex discrimination: Failure to carry out risk assessment for pregnant woman is discrimination

This report relates to 1 case(s)

Key points

  • In Hardman v Mallon, t/a Orchard Lodge Nursing Home [2002] IRLR 516, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.