The law is designed to protect pregnant women and new mothers at work. Maternity Alliance guidelines tell you what you’re entitled to

Your employer must make sure that your working conditions won’t put your health or your baby’s health at risk. If you’re pregnant, have just given birth, or you’re breastfeeding, it’s illegal for an employer to dismiss you if you can’t do the same job as before due to health and safety risks.

Risk assessments

• Your employer must carry out a risk assessment of any working conditions, processes, or physical, chemical and biological agents, that could jeopardise the health and safety of you or your baby
• If the assessment reveals a risk, your employer must do all that is reasonable to remove it or prevent your exposure to it.
• If the risk remains, your employer must temporarily alter your working conditions or hours of work
• If that isn’t possible, you must be offered suitable alternative work on terms and conditions that are no less favourable than your original job
• If there is no suitable alternative work, your employer must suspend you on full pay

• mental and physical fatigue and other physical burdens
• handling of loads entailing risk of injury
• movements and postures
• shocks, vibration or movement
• travelling (either inside or outside work)
• noise
• extremes of heat or cold
• ionising or non-ionising radiation
• biological and chemical agents, mercury and mercury derivatives, lead and lead derivatives and carbon monoxide

If your work involves night shifts, you have the right to transfer to suitable alternative day work or, if none is available, to be suspended on full pay. You must tell your employer in writing that you are pregnant and provide them with a medical certificate from your doctor or midwife stating that you cannot work at night for health and safety reasons. If you do this, your employer must transfer you.

Where to go for advice

If you are worried about health and safety at work, discuss your concerns with your doctor or midwife and ask for a letter stating that the working conditions are harmful to you or your baby.

You can seek advice from your Safety Representative or Union. If your employer fails to comply, you can contact your local Health and Safety Executive or Environmental Health Department (look in the phone book). They may carry out a risk assessment for you and can take action against your employer. You may also be able to claim compensation in an Employment Tribunal.

For more information, please send £1 and an SAE for the Maternity Alliance factsheet Health and Safety at work or see the Maternity Alliance website