Pregnancy at Work UK: Risk Assessments and Paid Suspension

If a workplace risk could harm an employee who is pregnant, has recently given birth or is breastfeeding, the employer must assess the risk and take protective steps. The usual sequence is to adjust working conditions or hours, offer suitable alternative work, and suspend the employee on full pay only when the risk cannot otherwise be managed. The full-pay suspension is paid by the employer; there is no separate DWP weekly claim for it.

This guide covers England, Scotland, Wales and Northern Ireland. The core safety process is similar, but the legislation, regulators and dispute services differ. Use the section for the nation where your job is based.

Which UK rules apply?

For England, Scotland and Wales, the Health and Safety Executive (HSE) explains the employer’s risk-assessment duties. The Management of Health and Safety at Work Regulations 1999 cover the risk-management steps, and sections 67 and 68 of the Employment Rights Act 1996 cover suitable alternative work and remuneration during maternity-ground suspension.

For Northern Ireland, use nidirect and the Health and Safety Executive for Northern Ireland (HSENI). Nidirect sets out the local risk-assessment steps, full-pay maternity suspension, the rule where suitable alternative work is unreasonably refused, and the local advice and Industrial Tribunal route. Do not use the Great Britain statutes as the legal citation for a job in Northern Ireland.

The employer’s safety duties apply to the individual risk, not just to a pregnancy-related illness. HSE guidance says employees should notify the employer in writing when pregnant, within six months after giving birth, or breastfeeding. Nidirect advises telling the employer as early as possible so the risk assessment can be reviewed. In either jurisdiction, a dated written notice is useful evidence of what you reported and when.

Request and review the individual risk assessment

An employer should already consider risks to women of childbearing age in its general workplace assessment. Once informed of pregnancy, recent birth or breastfeeding, the employer must consider the person’s specific work and needs. Examples of hazards can include heavy lifting, prolonged standing, long hours, toxic substances, night work and changes in movement or coordination as pregnancy progresses.

Ask the employer to discuss your actual duties and any medical advice from your doctor or midwife. HSE says the assessment should be reviewed as the pregnancy progresses and whenever work or the workplace changes. The employer should record the findings, explain the safety measures and involve a safety representative or trade union representative where appropriate.

In Great Britain, HSE says an employer may ask for a certificate from a doctor or midwife confirming pregnancy, while allowing reasonable time for medical tests. If you are in Northern Ireland, follow nidirect’s local advice and give the employer the information needed to review your particular work.

The employer’s steps when a risk is found

If the employer identifies a risk that could harm you or your child, the employer must first decide whether it can be removed or controlled. If it cannot, the required process is:

1. Adjust the working conditions or hours to avoid the risk, if practical.
2. Offer suitable alternative work if adjustments cannot make the existing job safe. HSE says the alternative should be on the same terms and conditions, including pay. Section 67 of the Employment Rights Act says any different terms must not be substantially less favourable. A person in Northern Ireland should follow the local nidirect rules.
3. Suspend on maternity grounds with full pay if the employer cannot remove the risk or offer suitable alternative work. HSE says the suspension should last only as long as necessary to protect the employee and child. Nidirect gives the same risk-control and alternative-work sequence for Northern Ireland.

The employer should explain the risk assessment and decision. Ask for the proposed adjustment, alternative role or suspension decision in writing. If suitable work is offered and an employee unreasonably refuses it, the statutory pay right during suspension can be affected; ask for advice before refusing a role you believe is unsuitable.

Pay is separate from maternity and sickness payments

Maternity-ground suspension is an employment protection paid by the employer. It is not Statutory Maternity Pay, Maternity Allowance, Statutory Sick Pay or a separate benefit from the Department for Work and Pensions. The SMP and Maternity Allowance eligibility, notice and claim rules apply to maternity leave and are separate from the risk-assessment decision.

The maternity suspension payment is also different from the ordinary medical-suspension rules for other workplace hazards. Nidirect’s general medical-suspension guidance describes a one-month service condition and a 26-week pay limit for that separate route. Its pregnancy section instead describes maternity-ground suspension, full pay and suspension until the risk is removed. Do not apply the general medical-suspension limit to a pregnancy or breastfeeding risk without checking the specific rule for your circumstances.

Pregnancy-related sickness is another separate situation. GOV.UK and nidirect say that if pregnancy-related illness keeps an employee off work during the four weeks before the expected week of childbirth, maternity leave and the relevant maternity payment may start automatically. The focused pregnancy-related sickness guide explains the trigger and separates leave start from SMP or Maternity Allowance eligibility.

For the separate process pages, see the UK Maternity Leave guide, the Great Britain antenatal-appointments guide, and the UK Statutory Maternity and Paternity Pay guide. For an Ireland job, use the separate Ireland Health and Safety Leave and Benefit guide; Irish leave and DSP benefit rules do not apply to a UK job.

If the employer does not act

Start by asking for the employer’s risk assessment and decision in writing. You can speak with a safety representative or trade union representative. For a Great Britain workplace-safety concern, HSE explains how to ask it to investigate; Acas provides employment-rights advice and explains the employment tribunal route and time limits. For a Northern Ireland job, nidirect points to HSENI, the Labour Relations Agency (LRA) and the Industrial Tribunal. The appropriate route depends on whether the issue is workplace safety, pay, discrimination or another employment right.

If the employer refuses to assess or control a risk, or disputes pay, keep copies of your written notice, risk assessment, proposed duties, response and payslips. Ask the relevant advice service about current steps and deadlines rather than relying on a general guide to calculate an individual claim limit.

Frequently Asked Questions

Official sources

• HSE: Pregnant workers and new mothers — worker guidance
• HSE: Risk assessment for pregnant workers and new mothers
• HSE: Workplace safety law for pregnant workers and new mothers
• Employment Rights Act 1996, section 67 — suitable alternative work
• Employment Rights Act 1996, section 68 — remuneration during suspension
• GOV.UK: Pregnant employees’ rights
• nidirect: Working when pregnant
• nidirect: Suspension from work on medical/health and safety grounds
• Acas: Maternity protections